Insight from an HR consultant in Milton Keynes on when dismissal for poor performance may be fair and what must happen first.

It is common to think, this person just is not doing the job, so surely I can let them go. Many business owners assume poor performance automatically justifies dismissal. This is where problems often start.

Acting too quickly, skipping conversations, or failing to keep records is one of the most common ways employers create risk for themselves. Poor performance can be obvious and frustrating, but legally it is not simple. If you want support to follow the right process, HR consultancy services in Milton Keynes can help you get this right.

Dismissal for poor performance can be fair in some cases, but only when it is handled properly. This guide explains what needs to happen before dismissal is even considered, and why a fair, documented process matters.

Pause before deciding

Poor performance affects productivity, team morale, and your time as a business owner. That pressure makes it tempting to act fast.

Before you do, remember this: fairness and process are what make a dismissal defensible. A quick decision without investigation, support, or records is exactly what will be examined if the dismissal is challenged later.

Diagnose the problem first

Before talking about dismissal, stop and ask some direct questions:

• is the issue about skills, workload, or motivation
• has the employee had proper training
• are expectations clear and realistic

A short, honest check often reveals fixable issues, such as missing training, unclear priorities, or an unmanageable workload. Fixing these early can save time, money, and stress.

Have a factual conversation

Start informally. In many cases, a short, focused conversation is enough.

• explain what is not working and the impact on the business
• be clear about what needs to change and by when
• use specific examples and avoid vague criticism

Keep the discussion factual and calm. Sometimes clarity alone is enough to get performance back on track. If not, move to a more structured approach.

Use a performance improvement plan

If informal steps do not work, put a documented improvement plan in place. Key elements include:

• clear, measurable objectives that define what acceptable performance looks like
• agreement on what support will be provided, such as training, mentoring, or workload changes
• a reasonable timescale for improvement
• scheduled follow-up meetings to review progress

The aim is genuine improvement, not forcing someone out. The plan also creates the records you will need if formal action becomes necessary.

Follow policies and the ACAS Code

If performance still does not improve, a formal capability process may be needed. This means:

• following your internal procedures
• following the principles of the ACAS Code
• inviting the employee to meetings and explaining the concerns
• allowing the employee to respond and provide explanations or evidence
• issuing warnings where appropriate before dismissal
• offering a right of appeal

If a dismissal is challenged, decision-makers will look closely at whether these steps were followed.

Keep clear records

Documentation is not paperwork for its own sake. It is your protection. Keep clear records of:

• key conversations and dates
• what was agreed and what support was offered
• any warnings issued
• evidence of improvement or continued concerns

A consistent paper trail shows you acted fairly and gave the employee a reasonable chance to improve.

Legal changes and what they mean

At the moment, 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:

• expect performance dismissals to face greater scrutiny
• use probation and performance processes properly now
• keep policies and records clear and up to date

Preparing early reduces future risk.

Can you dismiss for poor performance?

Yes, but only if the basics have been done first:

• expectations were clear
• support and time to improve were given
• a fair process and your policies were followed
• records were kept throughout
• alternatives were considered

Every case is different. Before taking a final step, get advice so you are confident the decision is fair and defensible.

How an HR consultant helps

If you are unsure what has already been done, or what should happen next, an HR consultant can provide practical support, including:

• reviewing the situation and identifying gaps
• planning next steps that follow good practice and reduce risk
• sense-checking fairness and documentation
• helping update probation and performance policies

If you would like a confidential review of a performance issue or help tightening your processes, get in touch. I can support you as an outsourced HR consultant in Milton Keynes.

Insight from an HR consultant in Charlotte on how U.S. employers can handle poor performance with less risk.

When someone on your team is not performing, it is natural to think about letting them go. Most business owners reach that point after frustration, missed deadlines, or repeated mistakes.

The risk is not usually the decision itself. It is how the situation is handled. Poor performance on its own is rarely the problem. Inconsistent treatment, unclear expectations, or weak documentation are what turn a simple termination into a dispute. If you want support navigating this, HR consultancy services in Charlotte can help you manage the process properly.

You can terminate someone for poor performance. For this to go smoothly, the key is handling it fairly, consistently, and with a clear record of what happened. Below is a practical process you can follow to reduce risk and give the employee a genuine chance to improve.

Diagnose the problem first

Before taking action, slow down and look at what is really going on. Performance issues usually have a cause. Jumping straight to termination often means missing it. Ask yourself:

• Is this a skills issue, workload issue, or motivation issue?
• Has the employee had the right training and enough time to learn the role?
• Were expectations clear and realistic from the start?

This quick check often shows whether the issue is fixable or part of a wider pattern.

Start with an informal conversation

Begin with a direct, informal discussion. This is not a disciplinary meeting. It is about clarity.

Focus on:

• What is not working, with specific examples
• The impact on the team or the business
• What needs to change
• When improvement is expected

In many cases, this alone resolves the issue. If someone does not understand what good performance looks like, spelling it out can make a real difference.

Use a written improvement plan

If there is no improvement after the informal conversation, move to a simple written plan. This is about support and structure, not box-ticking.

A useful improvement plan includes:

• Clear and measurable goals
• Examples of acceptable performance
• Reasonable timelines
• Regular check-ins
• Any training or support you will provide

Make sure expectations are understood and that both sides are clear on what success looks like.

At-will employment still carries risk

Most employment in the U.S. is at-will. That does not mean risk-free.

Terminations that appear discriminatory, retaliatory, inconsistent, or rushed can still lead to claims, even when performance is the reason.

Common warning signs include:

• The decision could be perceived as discriminatory
• The timing suggests retaliation
• Others in similar situations were treated differently
• There is little or no documentation

A consistent process is one of your strongest protections.

Document as you go

Documentation does not need to be formal or legalistic. It does need to be clear.

Keep brief records of:

• Key conversations and dates
• What was explained and agreed
• Support or training offered
• Progress made or issues continuing

This shows you acted reasonably and gave the employee a chance to improve.

When termination makes sense

Termination is appropriate when you can show that:

• Expectations were clear
• The employee had a fair opportunity to improve
• You followed the same process you would use with others
• The decision is lawful and based on facts
• The steps taken are documented

If those points are covered, your position is far stronger.

How an HR consultant can help

If you are unsure at any stage, a second opinion can reduce risk. I can help by:

• Reviewing what has happened so far
• Checking fairness and consistency
• Advising on next steps
• Supporting documentation and communication

If you want to talk it through, you can book a confidential discovery call with an outsourced HR consultant in Charlotte. We will look at what has happened, where the risks are, and the clearest next steps for your business.

What every employer needs to know about suspension

When you have an issue with an employee, suspending them might feel like the right action.

However, you need to be 100% sure that this is legally compliant or you could leave yourself wide open to an expensive tribunal claim.

Here are some of the real questions we’re asked about suspension:

• “Is suspension the same as disciplinary action?”
• “Does suspending someone mean I think they’re guilty?”
• “Do I have to suspend people automatically if it’s serious?”
• “Is suspension always the safest option?”
• “Do I need to keep them on full pay while they’re off?”
• “Am I supposed to leave them alone during the suspension?”
• “What am I allowed to tell the rest of the team?”

ACAS guidance is clear on how suspension should work in practice:

• It is a neutral step while you gather information
• It doesn’t imply guilt or wrongdoing
• It’s only appropriate when there’s a real risk to the investigation, the business or the people involved
• Alternatives, like changing duties or shifts, should always be considered first
• Full pay must continue throughout the suspension
• You need to stay in touch and support the employee’s wellbeing
• Suspensions should be as short as possible and reviewed regularly
• Any updates to colleagues should be minimal and confidential

Handled properly, suspension protects everyone involved and gives you the space to carry out a fair investigation in a calm, neutral way.

If you’d like more information, get in touch for our latest educational guide which explains when suspension may be appropriate, the steps ACAS expects and how to handle the process safely and fairly.

—-

A simple lesson from a recent tribunal case

Two racial harassment complaints against Peterborough City Council were upheld after an employee challenged how she was treated at work.

One incident involved a senior leader assuming she was friends with another black colleague. Another involved a photo shared in a WhatsApp group that made her feel uncomfortable as the only black member.

Problems like this often come from everyday interactions, not deliberate discrimination. A quick policy refresh, clear rules on how work channels are used and short discrimination training for managers make a real difference.

When people understand how their behaviour might be received, issues are far less likely to turn into formal complaints.

Bridging communication gaps between generations

A new survey shows that Gen Z report the most strained workplace relationships, mostly due to different communication styles.

Younger staff lean toward messaging apps and voice notes, while older colleagues prefer quick calls, leading to frustration and mixed messages.

Setting clear communication norms and giving managers basic training helps to prevent misunderstandings and keeps day to day work running smoothly.

What AI automation means for your people and business

A new outsourcing report claims that up to 90% of back office tasks can now be automated. For small businesses, the opportunity to save costs is real, but so are the risks.

As roles change and tasks shift to AI, you need clear job design, training and communication to keep people engaged and protect against confusion or morale issues. Thoughtful planning prevents problems before they start.

—-

How to manage and reduce absence in your business

Absence costs UK employers millions every single year.

That’s why it’s really important to manage absence in your business.

Here’s 3 ways to get started:

1: Track absence properly

Start by recording absence in one place. HR software helps you to see patterns, spot repeat issues and understand the overall impact on your business.

2: Conduct return to work conversations

A short return to work meeting helps you to understand why someone was off and whether they need support or adjustments.

These conversations reduce misunderstandings and help to prevent repeated absences.

3: Tackle the root causes

The action you take will depend on the issues you uncover, but most improvements fall into a few areas:

• Clear policies and expectations
• Early conversations when patterns appear
• Reasonable adjustments where needed
• Manageable workloads and good communication
• Confident managers who know how to handle absence consistently

Businesses that take a proactive approach see fewer short notice call outs and more stable staffing.

If you would like help with reviewing your absence policy, setting up tracking or supporting your managers, we can guide you through it.

—-

Q&A

Can I reduce someone’s hours after maternity leave if business is quiet?

Possibly, but only through proper consultation and with a genuine business reason. You cannot unilaterally reduce hours. Explore alternatives first and take advice to avoid discrimination risks.

Do I have to pay staff for travel time between appointments?

Yes. Travel between appointments counts as working time and must be paid, even for salaried staff. You do not need to pay overtime, but their salary must cover all hours worked, including this travel, at least at National Minimum Wage.

How do I handle it if an employee refuses to join a team social event?

Keep it simple. Social events should be optional. Check if there’s a reason why they’re uncomfortable, but don’t pressure them. Focus on inclusive ways to build a team connection.