Poor Performance & Capability Proceedings

Even if you disagree with your employer’s concerns, you must cooperate and participate fully in the formal procedure being followed by your employer.

You must keep a level head and take time to answer the criticisms in the most appropriate way. For example, if you have to attend a capability meeting you should take with you a letter or written statement setting out your arguments and supporting evidence. Making sure you correctly document your arguments can be of enormous help if you later have to bring a claim in the employment tribunal. The specialist employment law solicitors at Quantrills can help you draft this.

If you are issued with any form of warning or caution you must appeal.

Yes, normally if it is a meeting which may result in a formal warning or your dismissal. You have the right to request to be accompanied by a fellow work colleague or a suitably qualified trade union representative.

Your employer has almost no grounds on which to object to your chosen companion.

If you take a companion he or she will not be able to answer questions on your behalf but they can speak during the meeting, respond to opinions expressed and confer with you at any time during the meeting.

No. Your employer should discuss with you how your ill-health is affecting your job performance. If there is any uncertainty about this issue you should get your GP or doctor to write to your employer. It would also be normal practice for your employer to obtain a medical report from your GP or occupational health so that any decisions made about your progress on the PIP are made in full knowledge of your medical condition.

If you are a disabled employee, your employer will have to also consider what reasonable adjustments it should make to your working arrangements, including any PIP objectives.

For more details about reasonable adjustments please see our Briefing Note.

You should exercise your right of appeal against the decision to dismiss you.

Assuming your appeal is unsuccessful you may have the right to bring an employment tribunal claim for unfair dismissal and possibly discrimination. It’s essential that you don’t over look the time limit for starting your claim in the employment tribunal. However, your first step will be to commence the compulsory Acas Early Conciliation process.

Our employment law solicitors can discuss your concerns, the merits of your case and if you have a valid claim for unfair dismissal or any form of discrimination.

Our fees are based on hourly rates and we will agree with you a cost budget for each stage of our work for you. Your legal costs will ultimately depend on how much work we do for you. We do our best to keep your legal costs inside any cost estimate or budget agreed with you.

There are ways you can help save money on your legal costs.

Please see our pages on How to keep your legal fees under control and How we charge employees for our services for more details.

Yes, without any doubt we can. We routinely act for employee clients who are not local to our offices in Wherstead, Ipswich Suffolk.

Our employee clients live and work from all over the country. Our office is set up so you can easily contact and instruct us online, by email and by phone, and there is always the post.

You can book telephone meetings with us and email has made it so easy to correspond with us.

By instructing Quantrills you will benefit from our truly personal service even if we don’t meet face to face. For example, when you telephone us your solicitor will speak with you, or if this is not possible, he or she will return your call as quickly as possible (normally on the same day).

Our Client Care Service Standards demonstrate our commitment to providing you with the highest quality legal advice and the best client care.