Insight from an HR consultant in Suffolk on when a performance dismissal might be fair and the steps you must follow
“This person just isn’t doing the job. Surely I can let them go.”
That reaction is common. When someone underperforms, it often feels obvious what the answer should be. Many business owners turn to HR consultancy services in Suffolk at this point because they are unsure how to proceed.
Performance can look like a straightforward reason to dismiss someone, but acting on impulse creates risk. Missed steps can lead to disputes, wasted time, and knock-on effects for team morale. This is an area where employers regularly slip up by skipping conversations, documentation, or process.
This guide explains, in plain English, what needs to happen before dismissal should even be considered.
Why careful handling matters
Poor performance affects productivity, drags down morale, and takes up valuable management time.
Dismissal for performance can be fair, but only when it is handled properly. Process and fairness are not red tape. They are what protect your business if a decision is challenged.
Diagnose the real problem
Before jumping to dismissal, pause and ask some basic questions:
- Is this a skills or knowledge gap?
- Is the workload unrealistic or poorly organised?
- Is this a motivation or personal issue?
- Has the employee had the right training and tools?
- Are expectations clear and realistic?
A short, honest review often shows something that can be fixed. In some cases, a clear conversation, extra support, or a small adjustment resolves the issue.
Clear feedback and a fair chance to improve
Start informally and focus on facts.
Explain what is not working and why it matters to the business or team. Be specific about what needs to change and by when. Use examples rather than vague criticism.
Clear feedback often leads to improvement. At the very least, it gives the employee a fair opportunity to address the problem.
Use a documented improvement plan
If informal discussions do not lead to improvement, put a written plan in place.
A proper improvement plan should include:
- Clear, measurable objectives
- Agreement on what acceptable performance looks like
- Support such as training or mentoring
- A realistic timescale to improve
- Regular review meetings
The goal should always be genuine improvement, not creating a paper trail to push someone out.
Follow policy 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
- Apply the principles of the ACAS Code
- Invite the employee to meetings and explain the concerns
- Give them the chance to respond and be heard
- Consider their explanations and any evidence
- Issue warnings where appropriate and allow an appeal
If a dismissal is challenged, this process will be examined closely.
Keep good records
A clear paper trail is essential. Make sure you record:
- Key conversations and dates
- What was agreed at each stage
- Training or support offered
- Any warnings issued
- Evidence of improvement or ongoing concerns
These records protect both you and the employee if matters escalate.
Upcoming legal changes
At present, employees usually need two years’ service to bring an ordinary unfair dismissal claim, with some exceptions.
Under the Employment Rights Act 2025, this qualifying period will be reduced to six months, as confirmed by the government.
In practice, this means:
- Performance dismissals are likely to face greater scrutiny
- Probation and performance processes should be tightened now
- Procedures need to be clear, fair, and up to date
Waiting for the law to change before improving your approach is a risk.
Can you dismiss for poor performance?
Yes, but only when the basics have been done properly.
A performance dismissal is more likely to be fair when:
- Expectations were clear from the outset
- The employee was given support and a fair chance to improve
- A fair process was followed, including formal steps where needed
- Records clearly show what happened and why dismissal became the outcome
- Alternatives to dismissal were considered
Every situation is different. Getting advice before making a final decision can save time, cost, and stress.
How an HR consultant can help
If you are unsure whether you have done enough, an HR consultant can:
- Review what has happened so far and identify gaps
- Plan next steps that follow good practice and reduce risk
- Sense-check the fairness of your process and documentation
- Help update probation and performance policies ahead of legal change
You do not need to be an employment law expert.
If you want to make sure you are handling things correctly, I can help. I provide confidential, practical support and can act as an outsourced HR consultant in Suffolk. Get in touch for a short, no-pressure call.
