Draft letter to employer client on conducting a performance and capability procedure


Published by a ³ÉÈËÓ°Òô Employment expert
Precedents

Draft letter to employer client on conducting a performance and capability procedure


Published by a ³ÉÈËÓ°Òô Employment expert

Precedents
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Note: this letter is drafted in general terms without a specific situation in mind. You will need to tailor the letter if Advising about a specific employee on particular facts.

If the employer has its own performance and Capability procedure (or Disciplinary procedure covering poor performance) you will need to cross-refer to it throughout the letter, in relation to each stage of the procedure and in relation to any time limits set out in the procedure. You may find that the employer’s own procedure provides for more warnings to be given or other steps to be taken. It is assumed in this letter that the review periods for performance will be shorter than the length of any warnings given.

[name and address of client]

Dear [name]

Performance and capability procedure

I am writing to set out my advice on how to conduct a performance and capability procedure for an under-performing employee. The main legal risk if such a procedure is not handled carefully is a claim for Unfair dismissal, if the procedure

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Jurisdiction(s):
United Kingdom
Key definition:
Capability definition
What does Capability mean?

A term used to describe the employee's ability to undertake the work required under the contract.

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