HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Managing performance fairly
Employers should address performance problems fairly and should first seek to understand why the employee is struggling. Depending on the circumstances, appropriate support may include coaching, mentoring, training or additional resources. Keeping a written record of performance discussions is also good practice. https://www.acas.org.uk/performance-management/problems-with-an-employees-performance
Capability and performance
Where the concern relates to an employee's ability to perform their role, it may be a capability issue rather than misconduct. Employers should distinguish between capability and conduct because the appropriate response can differ. If a formal process is subsequently required, the employer should follow its capability or performance procedure and the principles of the Acas Code where applicable. https://www.acas.org.uk/performance-management/dismissals-for-capability-or-conduct
Clear objectives and reasonable timescales
Performance expectations should be clear and, where possible, specific and measurable. A performance improvement plan or similar approach should identify the required improvement, a reasonable timeframe and any support or training that will be provided. https://www.acas.org.uk/performance-management/problems-with-an-employees-performance
Reasonable adjustments and disability
Before progressing performance concerns, employers should consider whether a disability or health condition could be affecting performance and whether reasonable adjustments are required. Under the Equality Act 2010, employers have a duty to make reasonable adjustments for disabled employees where the legal conditions apply. https://www.acas.org.uk/supporting-disabled-people/capability-and-performance-when-someone-is-disabled https://www.gov.uk/reasonable-adjustments-for-disabled-workers
Moving to a formal process
If informal support does not resolve the performance issue, an employer may need to consider a formal capability or disciplinary procedure. The employee should be told clearly about the performance concern and possible consequences and given a fair opportunity to respond. The Acas Code recognises poor performance as capable of being dealt with under a disciplinary procedure, although employers may operate a separate capability procedure. https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures/html
Dismissal for capability
Dismissal for poor performance should be a last resort. Before dismissal, employers should normally provide appropriate support and training, consider whether duties or alternative employment could assist, and retain evidence of the performance problem and the steps taken to support improvement. https://www.acas.org.uk/performance-management/dismissals-for-capability-or-conduct https://www.gov.uk/dismiss-staff/dismissals-on-capability-or-conduct-grounds