If your employer decides to take action against you because of issues it has with your performance, it ought to follow certain formal procedures that will be similar to a disciplinary process, in that, you should be told about the performance issues and, if invited to a formal meeting, you should be given the right to be accompanied.

However, that’s where the similarity ends. The purpose of performance procedures is to identify the alleged performance failings and how you need to improve. In addition, your employer should identify ways in which it can help you improve. This may include paying for further training, giving you greater supervision, setting clear and reasonable targets etc.

 

Generally, your employer should give you three months to demonstrate the required improvement before progressing further with its formal process/policy.  There should only be further progression if there has been insufficient improvement on your part.

You are likely to find allegations of poor performance very stressful, but the key is trying to understand ways in which you need to improve and how your employer will assist you in doing so.

Any performance issues should not be a surprise. If your employer has such concerns, it should be raising those with you at your regular appraisals/reviews. 

Often employers follow a disciplinary process, but, in our view, this is wrong given the different focus that allegations of poor performance require; that is help and support not simply imposing a warning.

We regularly see situations where the employer has allegations that are both performance related and involve issues of misconduct. We can help distinguish the two and advise you on how to respond to both.

If your performance is affected by a disability, then your employer's action of instigating formal procedures may amount to discrimination.

If you are faced with performance issues, we recommend you seek urgent legal advice from our expert employment law solicitors, so you are aware of your rights and your options of how to deal with the issues and situation.