How to deal with capability and/or performance issues with staff: Part 3

The Employment Law & HR Podcast

In this episode 172 of the podcast I continue the series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough.

In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result.

In this episode of the podcast I cover:

• When an unfair dismissal claim can arise as a result of a capability dismissal.
• What you need to do to minimise the risk of a claim for unfair dismissal.
• Why preparation and getting the process right is crucial.
• What happens if an employee discloses a disability during the capability process.
• When problems are most likely to arise.
• Why it is important to ensure you have good, regular communication with staff.
• What happens if you are not honest with employees about performance.
• The importance of a good appraisal process.
• Why employees often raise allegations of bullying when the capability process starts.

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [e-mail] or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone [phone] or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.