Insight from an HR consultant in Milton Keynes on what must happen before dismissal for poor performance can be fair
When someone isn’t delivering, it’s easy to jump to the conclusion that dismissal is the answer. Many business owners reach that point after weeks or months of frustration, especially when performance issues start affecting clients, colleagues, or cash flow.
The problem is not the instinct, it’s acting on it too quickly. Poor performance dismissals are one of the most common areas where employers get caught out. Missed conversations, weak process, or patchy records can turn a manageable issue into a legal headache. This is where HR consultancy services in Milton Keynes often step in to help employers slow things down and get it right.
This guide explains what needs to happen before dismissal is on the table, using clear, practical steps.
Why you should pause before dismissing
Poor performance costs time and energy. It can drag down morale and distract you from running the business. But from a fairness and risk point of view, dismissal is only safe when the right groundwork has been done.
Process and documentation are not box-ticking exercises. They protect your business and give the employee a genuine opportunity to improve.
Identify what’s really going on
Before taking action, step back and look at the cause of the issue.
Ask yourself:
➡️Is this about skills, workload, or motivation?
➡️Has the employee been properly trained and supported?
➡️Are expectations clear and realistic?
In many cases, performance problems come from unclear expectations or missing support rather than unwillingness to do the job.
Start with a clear, factual conversation
The first step should usually be an informal discussion focused on facts, not frustration.
In that conversation:
➡️Explain what is not working
➡️Set out the impact on the business or team
➡️Be clear about what needs to change and by when
Keep it specific and calm. Make brief notes afterwards so there is a shared understanding of what was discussed and agreed.
Use a structured improvement plan
If the issue does not improve after informal conversations, move to a documented improvement plan.
A fair plan should include:
➡️Clear, measurable objectives
➡️A shared definition of what acceptable performance looks like
➡️Agreed support such as training, mentoring, or workload changes
➡️A reasonable period for improvement
➡️Regular review meetings with notes of progress
The aim is improvement. If performance does not pick up, you will have evidence that you took reasonable steps.
Follow policy and the ACAS Code if it becomes formal
Where improvement plans do not work, a formal capability process may be needed.
At this stage, you must:
➡️Follow your internal procedures
➡️Apply the ACAS Code principles
➡️Set concerns out in writing
➡️Invite the employee to meetings and allow them to respond
➡️Consider explanations and evidence
➡️Use warnings where appropriate
➡️Offer a right of appeal
Formal processes are closely examined if a dismissal is challenged, so consistency and record keeping matter.
Keep thorough records
Good records are essential protection.
You should be able to show:
➡️When conversations took place
➡️What was agreed at each stage
➡️What support or training was offered
➡️Any warnings issued and why
➡️Evidence of improvement or continued concerns
This paper trail shows you acted reasonably and fairly.
Law and upcoming changes
Currently, most employees need two years’ service to bring an ordinary unfair dismissal claim, with some exceptions. The Employment Rights Act has changed this from 2027 to six months.
In practical terms:
🟢Performance dismissals are likely to face closer scrutiny
🟢Probation and performance processes should be tightened now
🟢Policies should be kept clear and up to date
So, can you dismiss for poor performance?
Yes, but only when certain conditions are met.
A dismissal is more likely to be fair where:
➡️Expectations were clear from the outset
➡️The employee was given support and time to improve
➡️A fair process was followed, including your policies and the ACAS Code
➡️Decisions were backed by clear records
➡️Alternatives were considered
If you are unsure, getting advice before making a final decision can prevent costly mistakes.
An HR consultant can help you:
➡️Review what has happened so far
➡️Identify gaps in process or paperwork
➡️Plan next steps without rushing
➡️Sense-check fairness and risk
➡️Update probation and performance processes ahead of legal change
If this situation feels familiar, a short confidential conversation can bring clarity. As an outsourced HR consultant in Milton Keynes, I can help you take practical steps that reduce risk and give you confidence in the decision you make.
Please do reach out 📱 0781 3084152 or email 📧 daxa@hrresultsltd.co.uk Taking your HR from 'to do' to 'done'.
Share this post: