However, to fairly dismiss an employee for poor performance often takes a long time (9-12 months) and huge amounts of management time. 

If the employee feels s/he is being treated unfairly, s/he may raise a grievance, which only causes more inconvenience for you. Therefore, other ways to dismiss are often considered, which can involve an “off the record” conversation leading to a settlement agreement.

Equally, those who are not performing may be suffering from a disability that is causing the under-performance. Such situations need extra care  to ensure you do not (inadvertently or otherwise) fall foul of the law and discriminate.

What’s often overlooked is the effect of the poor performance on other members of staff. Where those who are performing well see colleagues underperforming, it inevitable affects their own motivation; ultimately forcing the good staff to leave.

If you know your business has staff who are not performing, we encourage you to deal with it as soon as possible, rather than letting it fester and becoming a bigger issue.  One of our expert employment law solicitors will be able to assist.