Poor Performance

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The law requires employers to help poorly performing employees to improve. So you need to ensure that you have a ‘capability procedure’ to guide you robustly through this process. You can find one of those, ready to be tailored by you if necessary, in our materials below.

If the employee does not improve, poor performance can be a legally fair reason for dismissal, but it’s essential to ensure that you follow a fair procedure, ensuring that your decision to dismiss can withstand a complaint by the employee.

The rules are less strict when dismissing someone who has been employed for less than two years; which is why many employers keep a close track on the performance of new recruits and take prompt action to dismiss someone who is poorly performing before the 2 year watershed. 

We recommend using our guides as your starting point and to set helpful context for the way in which the templates and other documents can be used. If you’re ever unsure about how to use any of our materials, just get in touch on the contact details below.


The content on elXtr has been prepared by LHS Solicitors. It’s intended as guidance only and not to be regarded as a substitute for consultation with one of our solicitors, since every case will ultimately turn on its own particular facts and circumstances. We recommend that you use our materials as your starting point and be aware that you sometimes have to follow a set procedure before taking any action, especially in an employment context. If you are in any doubt, we’d suggest that you get in touch with us and we’ll talk you through your options on how to get the right legal advice.

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