Performance, conduct and discipline

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:

  1. managing performance

  2. performance review meetings

  3. appraisals

  4. managing conduct

  5. disciplinary processes and procedures

  6. the application and requirements of the Acas Code of Practice on Disciplinary and Grievance Procedures, and the consequences of failure to comply with it

Managing performance

An appropriate performance framework will include the following key elements:

  1. clear communication of expected performance standards to employees

  2. investigation of the reasons that an employee is not meeting expected standards (starting with a frank, detailed conversation with the employee about situation)

  3. the possibility of disciplinary

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Latest Employment News

Employment weekly highlights—5 June 2025

This edition of Employment weekly highlights includes: (1) an analysis of the recent immigration White Paper by Ben Maitland of Vanessa Ganguin Immigration Law, (2) an analysis of reforms to reduce discrimination in the Local Government Pension Scheme by David Gallagher and Daniel Fowler at Fieldfisher, (3) an EAT decision that a claimant’s aversion to wearing a mask lacked the necessary cogency, seriousness, and cohesion to qualify as a protected philosophical belief, (4) an ET decision that a teacher’s dismissal was not the result of her whistleblowing over the school’s policy on trans children, (5) an analysis of a Court of Appeal decision that UK gender recognition certificates do not allow gender to be recorded as non-binary by Harini Iyengar at 11KBW, (6) a report from the Institute for Public Policy Research on the challenges surrounding surveillance in the workplace, (7) the publication of the latest UK Stewardship Code by the Financial Reporting Council, (8) new guidance and legislation on amendments to non-disclosure agreements (NDAs) under the Victims and Prisoners Act 2024, (9) a successful appeal to the EAT against a ‘gisting order’ in an unfair dismissal claim amid national security concerns, (10) two new Practice Notes on providing toilet, washing and changing facilities in the workplace following the Supreme Court decision in For Women Scotland v Scottish Ministers, and on the right to disconnect produced in partnership with Rosie Moore and Simon Swaine of Lewis Silkin, (11) dates for your diary, and (12) other news items of interest to employment practitioners.

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