Managing employee performance and conduct is an important, and often challenging, management function. If done effectively, not only does it assist managers to get the best out of their employees, it also reduces the employer's risk in the event of an unfair dismissal claim.
In order to manage performance and conduct effectively, an employer should have appropriate performance review and disciplinary frameworks in place and apply them consistently. Line managers should also receive comprehensive training on how to deal with these issues.
This topic considers the legal and practical issues involved in dealing with:
managing performance
performance review meetings
appraisals
managing conduct
disciplinary processes and procedures
the application and requirements of the Acas Code of Practice on Disciplinary and Grievance Procedures, and the consequences of failure to comply with it
An appropriate performance framework will include the following key elements:
clear communication of expected performance standards to employees
investigation of the reasons that an employee is not meeting expected standards (starting with a frank, detailed conversation with the employee about the situation)
the possibility of disciplinary...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
Employment analysis: Matthew Banham, partner, and Sara Thomas Arano, associate, at Seyfarth Shaw LLP, explain, a workplace complaint raised through a...
The Department for Business, Innovation, Science and Trade (BIST) has launched a consultation on reforming the whistleblowing framework under the...
The Prime Minister, Andy Burham, has confirmed, in his official Innovaton National Summit speech on 9 October 2026, that the government will introduce...
HM Courts & Tribunals Service (HMCTS) has published a position statement on the judicial use of Artificial Intelligence (AI), setting out expectations...
What should a collective grievance process look like?Paragraph 47 of the Acas Code of Practice on disciplinary and grievance procedures describes a collective grievance as a grievance raised on behalf of two or more employees by a representative of a recognised trade union or other appropriate
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point
0330 161 1234