Dealing with underperforming employees can be time consuming, stressful and a legal headache if the correct procedures aren’t followed. The way in which an employer handles performance management is key not only in resolving the performance issues but also in minimising the risk of claims being brought.

This programme is an employment seminar by way of role play. It shows a director conducting a performance management hearing, which leads to an employee being disciplined for poor performance.

Key learning points:

  • Understand the formal requirements for a Capability Hearing
  • How preparation by reference to appraisals and assessment of KPIs (individual and comparative) ensures progress
  • Looking at how this process may link with a disciplinary process
  • How to eliminate other potential causes or reasons for the poor performance
  • The importance of each warning being a "firm stepping stone" in the event that dismissal is appropriate

About the contributors

Hay & Kilner Solicitors is one of the leading law firms in Newcastle upon Tyne. They offer a complete commercial and personal legal service to clients – locally, nationally and overseas.

Neil Dwyer is the Head of Employment at Hay & Kilner with over 25 years’ experience in this area. He is a member of the Employment Lawyers Association and is named as a "Leading individual" in this area of law in independently researched guides to the legal profession.

Rodney Jones is a Partner at Hay & Kilner, in the Commercial Disputes team. He has many years of broad experience in a range of litigation matters and is now substantially committed to exploring forms of alternative dispute resolution, including mediation, to find the optimum solutions for his clients.

Sarah Furness is an Associate at Hay & Kilner with over 7 years employment law experience dealing with all aspects of employment law advice. She is a member of the Employment Lawyers Association and is named as an up and coming “Leading individual” in her field in Chambers Guide, an independently researched guide to the legal profession.

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