Poor Performance, Ill Health, Misconduct and similar problems

These issues do arise. When they do, it is very important to say the right things at the right times.

There are processes and procedures that you should follow. If you do not, you may be at risk of a claim for unfair dismissal or discrimination. These claims can be expensive.  There is no financial limit on the compensation an Employment Tribunal can award for discrimination.

Often, when dealing with poor performance or ill health, it can be difficult to establish what is actually going wrong. For example, if you receive a GP note mentioning stress, you would then need to determine whether this were caused by problems at work or at home, or whether the employee is just not capable of doing the job.  In these circumstances, you might need to obtain a report from an occupational health specialist, to make an informed decision.

It is also important to handle allegations of misconduct fairly. Before a disciplinary sanction is imposed, an Employment Tribunal would expect you to have reasonable grounds and for you to have undertaken a reasonable investigation. If you do not comply with the ACAS Code of Practice, and if a subsequent claim succeeds, then the Employment Tribunal can increased any compensation awarded, by up to 25%.

Sound legal advice can be invaluable in these cases, particularly if the issue escalates. We take the time to really get to know your business. We shall consider the situation, then advise you on the most appropriate and pragmatic way forward.