You can dismiss for poor performance – but only with the right process

You can dismiss for poor performance – but only with the right process

Advice from an HR consultant in Thanet on what must happen before dismissal for poor performance is fair.

When someone isn’t pulling their weight, the instinctive response is often, “They’re not doing the job, so I’ll let them go.” That reaction is understandable, especially when underperformance is costing you time, money, and patience.

The problem is that acting on that instinct too quickly is where many employers get into trouble. What feels like a straightforward decision can turn into a messy and expensive situation if the right steps are missed.

Some local businesses in Thanet use our HR consultancy services to slow things down and make sure performance issues are handled properly.

This guide explains what needs to happen before dismissal for poor performance can be fair, and how to reduce risk for your business.

Why poor performance needs careful handling

Underperformance affects your business in several ways. Productivity drops, team morale suffers, and you end up spending more time firefighting than running the business.

Dismissal for poor performance is possible, but fairness and process matter. It is not just about whether someone is doing a poor job. It is about whether you gave them a reasonable chance to improve, supported them appropriately, followed your procedures, and kept a clear record of what happened.

Find the real cause first

Before you even think about dismissal, take a step back and look at the underlying issue.

Ask yourself:

• Is this a skills gap, a workload problem, or an issue with motivation or behaviour?
• Has the employee had the training and support they need?
• Are expectations clear, realistic, and understood?

Often, an honest review highlights something practical you can fix. Clearer expectations, extra training, or a change in workload can sometimes resolve the issue without escalation.

Start with a factual conversation

The first step should usually be an informal, factual discussion.

In that conversation:

• Be clear about what is not working and why it matters
• Give specific examples rather than general criticism
• Set out what needs to change and by when

Keep the tone calm and professional. Make a brief note of what was discussed and agreed. One clear conversation is often enough to prompt improvement.

Use a structured improvement plan

If performance does not improve after initial discussions, move to a documented improvement plan. This is about giving a genuine opportunity to improve, not creating a shortcut to dismissal.

A fair improvement plan should include:

• Clear, measurable objectives so “good enough” is understood
• Agreed support, such as training, mentoring, or workload adjustments
• A reasonable timeframe to demonstrate improvement
• Scheduled review meetings to track progress

If the objectives are met, the issue is resolved. If not, you have followed a fair process before considering further steps.

Follow policies and the ACAS Code

If performance still does not improve, a formal capability process may be needed. At this stage, you must follow your internal procedures and the principles of the ACAS Code.

This includes:

• Inviting the employee to formal meetings and setting out concerns clearly
• Giving them the chance to respond and explain their position
• Considering explanations and any relevant evidence
• Issuing warnings where appropriate before dismissal
• Offering a right of appeal

If a dismissal is challenged, this process will be closely examined, so it needs to be handled properly.

Keep clear records

Good records are essential. Make sure you document:

• Key conversations and dates
• What was agreed at each stage
• Support, training, or adjustments offered
• Any warnings issued
• Evidence of improvement or ongoing concerns

A clear paper trail shows you acted reasonably and protects your position if decisions are questioned.

Be aware of legal changes

At present, employees usually need two years’ service to claim ordinary unfair dismissal, although there are exceptions. The Employment Rights Bill is expected to introduce day-one unfair dismissal protection, alongside a statutory probation period and a lighter-touch process that is still being developed.

In practical terms:

• Expect performance dismissals to face closer scrutiny
• Tighten and document probation and performance processes now
• Keep policies clear, fair, and up to date

Preparing early reduces risk later.

So, can you dismiss for poor performance?

Yes, but only when the right boxes have been ticked. A dismissal is more likely to be fair where:

• Expectations were clearly communicated
• Support, training, and time to improve were provided
• A fair process and your policies were followed
• Clear records were kept
• Reasonable alternatives were considered

Every case is different. Getting advice before making a final decision often saves time, cost, and stress.

How an HR consultant can help

If you are unsure what to do next, an HR consultant can help by:

• Reviewing what has happened so far and spotting gaps
• Planning practical next steps that follow good practice
• Sense-checking fairness and documentation
• Helping update probation and performance policies ahead of legal changes

If you would like a fresh pair of eyes on a performance issue or help tightening your processes, book a confidential discovery call.

As an outsourced HR consultant covering Thanet and the surrounding area, I can help you handle underperformance fairly and reduce risk to your business.