If it isn’t written down, can you prove it? The risks of poor employment documentation
Good records do more than protect an employer when something goes wrong. They improve decisions, create consistency and give employees
Employment Law (Business)
Performance management and capability
When performance slips, delay rarely makes the conversation easier
110+
years of service
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experienced partners
400+
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Performance management and capability
Good performance management starts with clarity
Good performance management is not about catching people out or rushing towards a formal process. It is about creating clarity: what is expected, what needs to improve, what support will be provided and what may happen if the required standard is not reached.
Managing performance concerns with confidence
We help employers manage performance concerns from the first awkward conversation through to a formal capability process. Our advice is practical and proportionate, with a clear focus on resolving issues where possible and reducing risk where difficult decisions become necessary.
"Very good knowledge of the law. Practical advice given in client friendly and appropriate terms." Legal 500 2026
Is a performance issue already on your desk?
Tell us what has happened, what has been said so far and what deadline is approaching.
We will help you identify the next sensible step before the timetable starts making decisions for you.
How we can help with performance management
We can support you with:
- managing performance during probation.
- preparing for early and informal performance conversations.
- setting clear, measurable improvement objectives.
- drafting and reviewing performance improvement plans.
- conducting formal capability meetings.
- deciding how much time and support should be provided.
- managing performance concerns involving ill health, disability or reasonable adjustments.
- obtaining and using occupational health evidence.
- advising on capability dismissals and appeals.
- training managers to address poor performance confidently and consistently.
- reviewing performance management policies and supporting documentation.
The right approach will depend on why performance has fallen below the required standard.
Capability, conduct, health, unclear expectations and inadequate training may require very different responses. We help employers identify the real issue before deciding what to do next.
Webinar: make the next performance conversation count
Live webinar: 10 September 2026
The difficult part is rarely spotting poor performance. It is knowing what to say, what to record and when waiting any longer becomes the greater risk.
Join the Tees Employment Law team for a practical session designed for managers, business owners and HR professionals. We will explore how to raise concerns clearly, set meaningful improvement objectives, keep a useful record and make fair, proportionate decisions.
Legal and financial advice under one roof
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services. We have our own independent financial advisers (IFAs), who work closely with our lawyers.
Our advisers provide holistic financial planning and as we are not connected to any one provider, we can offer a whole-of-market approach for the range of products we can advise on. We can also give independent advice for a whole range of insurance products to protect you and your family. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we’re accountable for the advice we give.
Get in touch today, we’re here to help
Managing employee performance can be challenging, particularly when performance concerns persist or difficult conversations need to be handled. Our employment law specialists can help you navigate the process, from identifying and addressing performance issues to managing formal procedures and potential dismissal. We provide clear, practical advice tailored to your business, helping you manage performance fairly, consistently and in line with employment law.
We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.
Our experience in contracts of employment
Key people
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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
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What our clients say
★★★★★
“Very good knowledge of the law. Practical advice given in client friendly and appropriate terms.”
Legal 500 2026
★★★★★
“Robert Whitaker has excellent knowledge of the field, is very good with clients and goes the extra mile.”
Legal 500 2026
★★★★★
“Katherine Jameson has a great strategic mind and is always thinking three steps ahead. She is always across her brief and has considered every aspect of every case she is working on. A safe pair of hands.”
Legal 500 2026
Featured insights
When poor performance is ignored, your best employees notice
Avoiding one difficult conversation can create a much bigger problem. Poor performance rarely affects only the individual concerned: it changes
The dangers of vague feedback when considering performance management
With a busy work schedule, it might seem better, quicker, easier, to skirt around a performance issue with an employee.
Probation periods and performance management: what employers should do before January 2027
A well-written probation clause will not manage performance for you. With ordinary unfair dismissal rights scheduled to arise after six
Frequently asked questions
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