Performance management and capability

When performance slips, delay rarely makes the conversation easier

We're proactive

We don’t just look after you, we look out for you. That means we bring you insights, advice and keep you up to date on all kinds of legal matters so you can keep ahead.

We’re expert-led

We match a member of the team with the right expertise to every client, who will invest time getting to know you, who will look after your interests and ensure you have access to the whole firm when you need it.

We talk your language

The legal and financial matters might be complex, but we aim to keep things straightforward and explain everything in terms that are relevant to you.

Overview

Performance management and capability

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.

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.

Our employment law services

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.

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

If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.

We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.

Very good knowledge of the law. Practical advice given in client friendly and appropriate terms.
Legal 500 UK, 2026

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.