Absence & Performance Management
Managing employee absence and performance management issues can be sensitive and complex and they need to be handled properly in order to minimise litigation risk.
It is essential to take expert legal advice to ensure that you have effective and compliant processes that minimise the disruption caused by long-term absence or under performance. It is also critical that you handle these issues in a fair, consistent and transparent way in order to minimise the risk of successful claims for unfair dismissal, discrimination, or breach of contract against your organisation.
In cases of both absence and performance management, for there to be a fair procedure, employees must be given clear expectations, support and opportunities to improve.
In order to minimise the risk of legal claims you must always consider the impact of health, disability, or personal circumstances on performance or attendance. All decisions need to be evidence-based and employers must keep accurate evidence of meetings, warnings, and improvement plans to demonstrate procedural fairness.
It is fair to dismiss for poor performance provided a fair procedure is followed. It can also be fair to dismiss on the grounds of ill-health provided that there has been no discrimination and a proper process has been followed. In cases involving disability it is also important that consideration has been given to reasonable adjustments, re-deployment or phased returns where appropriate.
How We Can Help
- Drafting and reviewing Absence Management and Performance Policies;
- Advising on cases involving sickness absence, long-term absence, and disability related absence;
- Supporting capability/performance reviews and improvement plans;
- Advising your on reasonable adjustments for disability or any relevance to the situation of any other protected characteristics under the Equality Act 2010;
- Guidance on dismissal processes relating to performance or attendance;
- Providing training for Managers on handling performance issues sensitively and effectively.
Why Choose Us?
- Specialist Employment Solicitors with practical experience in workforce management;
- Tailored advice to balance legal compliance and operational needs;
- Expert guidance to help and support Managers to make decisions confidently, while reducing risk.
Speak to our Employment Team to ensure your Absence and Performance Management procedures are legally sound and to obtain expert support and guidance in dealing with the challenges created by absence and performance issues in order to minimise your risk and disruption to your business.
