Performance, disciplinary & grievance

Managing performance

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.

For information on personal development and appraisals, see subtopic: Appraisal & personal development.

Dismissing fairly for poor performance

In the context of an unfair dismissal claim, one of the potentially fair reasons for dismissing an employee is capability. However, in order for a capability or performance dismissal to be fair, an employer must show that a fair procedure was followed, which allowed the employee sufficient opportunity to improve. Ultimately, it must be shown that dismissal was a fair sanction to impose. In some circumstances, it may, for example, be reasonable for an employer to consider whether or not there is suitable