Practitioner’s Insights – The Risks of Ignoring the Issue

As you can imagine, we deal a lot with issues where the employer has “reached the end of their tether” in managing a problem like capability.  Sometimes we are involved throughout a process, which will either lead to an improvement in performance or potentially dismissal.  Others however, we are called in at the latter stages to advise on the capability procedure at the point at which dismissal is contemplated.  Often, the reluctance of a manger to have the open and frank discussion at the outset, leads to a situation whereby the individual may struggle to accept any failings in their performance. 

Moreover, a lack of formal procedure and documentation can move what would otherwise be a relatively low risk dismissal to a much higher grade.  We always advise our Client’s that the best form of evidence is written evidence. Keep records of conversations and follow up in writing. Performance is probably the ultimate of difficult conversations and we totally understand the reluctance to address it head on, but having an open and ongoing review of performance (good and bad) can help to negate the need to ever enter into the formal stage.


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Kitsons Solicitors - Rosie Evans

Rosie EvansSolicitor

Rosie is a Solicitor in our Employment team

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