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How to handle an underperforming employee

Employees have a contractual duty to perform their role to an acceptable standard. This guide explains how employers can respond to underperformance fairly, from early feedback through to formal performance management and potential dismissal.

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By Darren Newman, Brightmine Consultant Editor

Employees have a contractual duty to be competent and perform their role in an acceptable way. Where this is not happening, employers are entitled to intervene with a view to improving the performance of the employee.

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  • The initial response to poor performance
    • Providing feedback on poor performance
  • Action short of formal procedure
    • Addressing barriers to effective performance
    • Setting a standard for the employee to meet
    • Reviewing the progress that the employee has made
  • Formal performance management procedure
    • Stage one formal performance management meeting
    • Stage two formal performance management meeting
    • Stage three formal performance management meeting
  • Dismissal
    • Redeployment as an alternative to dismissal
  • Settlement agreements
  • Where performance issues have not been addressed in the past
  • Where the employee raises a grievance
  • Ongoing performance issues

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Latest updates

Updated to refer to a three-stage formal performance management procedure, in line with our revised model Performance improvement procedure.

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About the author

Darren Newman
Employment Lawyer, Employment Law Ltd

Darren Newman is an employment lawyer and consultant editor at Brightmine. He qualified at the Bar in 1990, and has extensive experience of representing both employers and employees in the employment tribunal. Darren has provided employment law training to major government departments, commercial organisations, local authorities and public bodies.

Connect with Darren on LinkedIn

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