The following Employment practice note provides comprehensive and up to date legal information covering:
The essence of any performance management process is the relationship between employee and manager. Both should know what needs to be done to meet their own goals and contribute to those of the organisation as a whole.
The discussion in this practice note takes into account relevant Acas guidance: Acas guidance: How to manage performance (October 2014). This guidance has no statutory force and does not confer employment rights, but it is a useful indicator of good management practice.
An effective performance management process focuses on:
aligning the workforce with the strategic aims of the business
improving employee performance
supporting employee development and retention
driving better business results
Good performance management helps employees and managers to understand:
what the business is trying to achieve
their role in helping the business achieve its goals
the skills and competencies that they need to fulfil their role
the standards of performance required
how they can develop their performance and contribute to the development of the business
how they are doing
when there are performance problems
Before a manager can review an employee's performance, he or she must previously have set objectives for the employee. These objectives should be linked to the business’s strategy and business plan:
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. 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.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.