Autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et dolore feugait

How can we handle an employee who is underperforming?

Allow the employee every opportunity to explain their underperformance. Establish whether there are any underlying reasons for the poor performance, such as disability, health, or personal problems outside of work. If necessary, provide the employee with additional support, supervision and training.

Let the employee know exactly what they need to do to improve their performance. Put targets in writing and include a timescale of how long they have to improve. Ensure that you continue to monitor their performance and meet with the employee frequently and note their progress.

When performance problems persist or escalate these should then be dealt with on a formal basis. Ensure you follow a fair procedure, as defined in your company capability procedure.

It may be reasonable to dismiss an employee who is not meeting your required standards as long as you have followed a fair and legal procedure.

Remember, an employee with more than two years’ service who is dismissed on grounds of incapability may bring an unfair dismissal claim.


If you would like to develop a capability policy, or have an employee who is underperforming, call us for a free initial consultation for specific guidance tailored to your individual case. 

Samira Cakali

Samira Cakali is a pragmatic and approachable solicitor advocate with extensive contentious and non-contentious experience in the fields of employment law as well as civil litigation, within a range of commercial businesses from SME’s to multinationals as well as senior executives.

%d bloggers like this: