In our experience, employers can become disenchanted with some employees and can realise that the person employed was not as perfect for the role as depicted in their CV or at interview.  In addition, employers may find that other employees have become very complacent over time and that their performance begins to deteriorate.  This can lead to months or even years of a discontented relationship, leading in many cases to an unfair dismissal and a successful claim, or a costly settlement.  However, whilst it can be very challenging for employers to address these performance issues it is vital that they are dealt with as they arise and in an appropriate manner.

The Employment Department encourages its clients to be proactive and to deal with these issues as a matter of routine and as and when they arise.  Appraisal processes and regular reviews can be valuable tools to measure and develop employees where they fail to meet the required standards.  However, in spite of this, some employees fail to improve and therefore, their employer may wish to terminate their employment.  if a claim is raised a Tribunal will expect clear evidence of a structured performance management process offering the employee targets and guidance to assist improvement.  If handled correctly, it reduces the chances of the employee bringing the claim in the first instance.  Conversely, a poorly managed process will frequently lead to an unfair dismissal and potentially a finding of discrimination.