Source: theHRDIRECTOR
Date: April 2007
Author: Kellie McCormack, Associate in the Employment & Pensions Dept, Taylor Wessing

Performance managing an employee can be a tricky process – get it wrong and a tribunal claim could land on your desk. Get it right and, while this may not necessarily prevent a claim being brought, the chances of successfully defending a claim are significantly increased.

Important points to bear in mind:

• In the early stages before commencing a formal performance management process, document any informal performance chats. Also ensure that performance problems have been properly raised and documented through the appraisal process. These measures will provide evidence when defending any later tribunal claim.
• Commence a formal performance process by sending the employee a written invitation to a first meeting - ensure it contains an outline of the matters to be discussed.
• At the first meeting inform the employee in detail of how they are underperforming and set performance targets to be achieved and maintained within a specific time frame. Warn that if there is a continuing failure to improve this will result in a written warning and if there is further failure within a reasonable time after that, dismissal will follow.
• Plan to include at least two, possibly three periods for improve - ment in performance. You will be expected to have given reasonable time for improvement - this will differ between, say, a secretary and a sales person, who will need time to build up their sales pipeline. 
• Conclude each period for improvement with a further meeting. Give a warning that if performance continues to be inadequate dismissal will follow – follow this up with a separate letter setting out the warning.
• Throughout the process heed the steps required by any relevant company disciplinary or capability procedures.
• Depending on the role and the nature of the problem a performance management process can take on average anywhere between three to nine months.
• Ensure that the employee is given the right to appeal for any performance dismissal and that the appeal is heard by someone different and more senior than the original decision maker. In certain circumstances it may be appropriate to offer a right of appeal in respect of determinations short of dismissal. 
• Allow an employee entitlement to be accompanied at all meetings.
• Document all meetings and provide the employee (and representative) with the notes and include any warning given. The message is: properly appraise and identify the problem; warn of the consequences if the situation continues; give a real - istic chance to improve before dismissing and properly document the process.