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

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.

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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.