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Questions & Answers

Poor Performance & Capability Proceedings

These Questions and Answers provide a good introduction to the key issues that clients often wish to discuss with us when deciding if they would like to instruct us.

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.

Book a phone consultation

Apply for a FREE phone consultation with one of our employment law solicitors to discuss your case, how we can help and find out how much it is likely to cost.

Selected evening and weekend appointments available.

Ola McGhee

How can we
help you?

01473 688100

Tell us about your case

Our online form is the easy way to tell us about your case and employment details.

Short of time? Our ‘save and resume’ feature lets you save your answers and complete the form later.

Reasons to Choose
Quantrills

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Becoming our client is a straightforward process. However, before choosing Quantrills as your employment law solicitors you and us will want to be completely sure we are the right people to help you achieve your objectives. Having looked at our web site, if you like our approach and would like to discuss how we can help you, getting started is easy.

Step 1

Get in touch

Tell us briefly about your problem and the help you are looking for.

Step 2

We’ll contact you

We’ll follow up with a free no obligation initial telephone call to discuss your case, how we can help and explain our fees. Read more...

Step 3

Invitation to become our client

If we can help you, we’ll invite you to become our client by sending you a Client Care letter confirming the work we’ll do for you, our terms of business, and fees.

Step 4

You instruct us

If you want to go ahead and instruct us, you confirm this by email or letter.

Step 5

We’ll start to act for you

Congratulations! You are now a client of Quantrills and we can start work on your instructions and give you our advice.

At Quantrills we are flexible in how we work with you and how we progress your case...

By Telephone

We welcome calls from our clients. Call us any time between 08.30AM to 5.30PM Monday to Friday to discuss your case. We will do our best to speak with you when you call, or if we can’t, you will get a call back as soon as possible.

01473 688 100

Or request a call back

In Person

If it’s more convenient for you do come and see us. We do an excellent coffee. Whilst many of our clients don’t visit us, our offices are easy to find being just off junction 56 on the A14. Client meetings are by appointment and there is free car parking in front of our reception.

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By Email

We love emails; they help save time and avoid delays. Our case management system is set up to make the best use of them.

Email us

Online

Our web forms make it easy to give us the information we need from you. Our forms have a clever "save and return" feature so you can complete the form in more than one visit.

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