Performance, Discipline & Misconduct

It is fundamental to any business that its people are able to perform their roles to the best of their abilities and conduct themselves in a way that is in keeping with the requirements of their role and the values and principles of the organisation.

When an employee is not performing well or their conduct falls below an acceptable standard, employers must recognise and deal with those challenges without delay. If performance and misconduct issues are well handled from an early stage, underlying issues can be uncovered and addressed and parties can often move forward in a positive and constructive way avoiding the time and costs associated with more formal and / or contentious procedures.

There are however occasions when underperformance, capability issues or misconduct by an employee is so serious that termination of employment may be the best option. In that case it is important to ensure that a fair and consistent process is followed before a decision is made.

How can we help?

Our specialist employment lawyers have extensive experience of guiding employers through performance and disciplinary procedures in a whole range of circumstances and with a vast range of outcomes.

We appreciate that one size does not fit all scenarios and our advice and guidance is always tailored to the specific situation and with a view to securing the best outcome based on our client’s aims and objectives.

Our services include:

• Advice on monitoring performance and identifying where issues arise;
• Advice on informal performance improvement measures which may help to turn things around at an early stage;
• Advice on formal performance improvement plans;
• Advice on how to handle and respond to an allegation of misconduct;
• Advice for Investigating Officers on how to conduct a disciplinary investigation and frame a suitable investigation report;
• Advice for decision makers on how to conduct disciplinary hearings and approach the decision making process;
• Supporting employers through Protected Conversations and Without Prejudice discussions where these are appropriate.