Performance Management Procedures

Performance Management Procedures

Unfortunately the failure to perform by an employee is occasionally a problem for all businesses. We can advise you on the correct Performance Management Procedures to follow throughout the process of dealing with non-performance by an individual employee.

The best scenario is for the employer to have a written capability procedure which it should then follow.  There are various steps which an employer should follow.

In the first instance, performance issues should normally be dealt with informally as part of day-to-day management by the employee’s manager. Any informal warnings given at this stage should not form part of the employee’s disciplinary record. If matters are not resolved and a formal procedure needs to be commenced, the capability procedure requires that the employer holds several meetings with the employee in order to consider his or her performance and ways to improve it, and to set and review targets for improved performance.

Before deciding to follow a formal capability procedure, the employer should undertake a reasonable assessment or investigation to ascertain that this is necessary.

If it is decided to go ahead with a formal procedure the employee should be invited to a meeting. He or she is entitled to be accompanied by a trade union representative or a work colleague.

The result of that meeting, if the employer feels that action is necessary will usually be a warning. The employee will be given a formal oral or written warning and told that his or her performance will be monitored and reviewed on a specific date.  Also the employer is expected to assist the employee to improve.

If there is no or insufficient improvement another meeting will have to be held. At the second capability meeting (and any subsequent meetings) the employee will have the same rights as at the first meeting, including the right to bring a companion. The focus of the second meeting will usually be on the extent to which employee’s performance has improved over the review period and if it has not improved to a satisfactory level, the reasons for this and whether anything further can be done to assist him or her.

Following the second meeting, if the employer decides that employee’s performance has not improved as required, it may decide to give the employee a final written warning. A final written warning should typically set out:

  • The areas in which the employee has continued to not meet required performance standards.
  • Targets and timescales for improvement.
  • Any measures, such as additional training or supervision.
  • The consequences if the employee fails to improve to the required standard within the review period, or of further unsatisfactory performance within the period in which the final warning is active.

A final written warning will normally remain active for six to 12 months. If the employee does not meet the further targets within the time frame specified, further action should be taken and the employer may ultimately decide to dismiss the employee. Employees should be given the right to appeal each decision or warning given

Further Information

Fot further information on Performanc Management Procedures please contact our Employment Law Team on 0800 088 6280 or email