Final decision following employee appeal in performance capability process

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What’s a final decision following employee appeal in performance capability process and when do you need it?

This letter forms part of our suite of materials to support you where you have invoked your performance improvement policy and its process because of your concerns relating to the quality of performance that an employee is achieving.

This may include concerns about whether they are in fact capable of performing the role that they currently hold in your business. It is not the same as a disciplinary process.

This letter confirms your conclusions following an appeal by the employee against your earlier decision on their poor performance. Both this letter and your process should be following the steps set out in your performance improvement policy.

Your employment contract with the employee and your performance improvement policy within your staff handbook should make clear what constitutes poor performance and therefore justifies you issuing written warnings and reaching a decision, as well as how you will handle the employee’s right to appeal that decision.

Our guide to employee performance management can also help you to assess the seriousness of an employee’s lack of performance and your rights in response to it.

If your conclusion carries bad news for the employee, be prepared for the employee to be resentful, which can make communications between you and them quite challenging as well as implementing any next steps that you need to take.

Prior to sending this letter, you may well want to meet with the employee in person to deliver this message face to face and then hand them the letter during that meeting. Dismissal always carries risks, so if you are in any doubt about taking the next steps, we recommend first taking some expert advice.

Finally, you should only use this suite of materials in relation to employees. If you were to apply your performance improvement proceedings to someone who is not an employee, or to treat them in an equivalent manner, this could lead inadvertently to an employment tribunal concluding that that individual does, in fact, have employment status – with the enhanced rights attaching to such status.

It would be better to seek specific advice on how to handle anyone whose performance is a problem but who is not an employee.