Advice from an HR consultant in London on what must happen before dismissal for performance can be fair.
It is common to think, this person just is not doing the job, so I can let them go. Poor performance is obvious, frustrating, and often drains time and energy. But what feels straightforward can quickly become costly and stressful if you act too fast.
Many business owners assume poor performance automatically justifies dismissal. In reality, performance dismissals are one of the areas where employers most often get it wrong. Steps are skipped, conversations are rushed, and records are missing. If you want practical, impartial support, HR consultancy services in London can help you handle this properly.
This article explains, in plain English, what needs to happen before dismissal for poor performance can be fair.
Pause before you act
Poor performance causes real problems. Targets are missed, morale dips, and you spend time firefighting instead of running the business. But moving straight to dismissal increases the risk of a legal challenge and often costs more time and money than following a proper process.
Key point: dismissal for poor performance can be fair, but only when fairness, process, and evidence are in place.
Diagnose the real issue
Before you think about dismissal, stop and ask some basic questions:
Is the issue about skills, workload, or motivation?
Has the employee had the right training and tools?
Were expectations clear and realistic from the start?
A short, honest review often shows there is a fix other than dismissal. Understanding the cause helps you choose the right next step.
Start with a factual conversation
Begin informally. A good first conversation should:
explain what is not working and the impact on the business or team
focus on specific examples and behaviours, not personality
set out what needs to change and by when
Many issues improve after a clear, calm discussion. Keep it factual. Clarity alone often makes a difference.
Use a structured improvement plan
If informal conversations do not work, move to a documented improvement plan. This should include:
clear, measurable objectives
a shared understanding of what acceptable performance looks like
support, training, or mentoring where needed
a reasonable timescale for improvement
follow-up meetings to review progress
The aim is genuine improvement, not forcing someone out. If performance still does not improve despite reasonable support, you are in a much stronger position to consider next steps.
Follow policies and the ACAS Code
If performance does not improve, a formal capability process may be needed. This means:
following your internal procedures
following the principles of the ACAS Code
inviting the employee to formal meetings and giving time to prepare
explaining concerns and allowing them to respond
considering explanations and any evidence
issuing warnings where appropriate before dismissal
allowing the right of appeal
If a dismissal is challenged, the process you followed will be examined closely.
Keep a clear paper trail
Good documentation is essential. Keep records of:
key conversations and dates
what was agreed and any support offered
warnings issued and when
review meetings and outcomes
A clear paper trail helps show you acted reasonably and consistently.
Legal changes to watch
At present, employees usually need two years’ service to claim ordinary unfair dismissal, with some exceptions. The Employment Rights Bill recently became law, and under the Employment Rights Act 2025, this qualifying period will be reduced to six months.
In practice, this means performance dismissals are likely to face closer scrutiny. Tighten your probation and performance processes now and keep policies up to date.
So, can you dismiss for poor performance?
Yes, but only if:
expectations were clear from the start
the employee was given support and a fair chance to improve
a fair process and your policies were followed
records were kept throughout
alternatives were considered first
Every case is different. Before making a final decision, get advice so you know you have taken a fair and defensible route.
How an HR consultant can help
An HR consultant can help by:
reviewing what has happened so far and spotting gaps
planning next steps that follow good practice
sense-checking fairness and documentation before any outcome
updating policies and probation processes in light of legal changes
Impartial support can save time and reduce the risk of a costly dispute.
If you are dealing with an underperforming employee and are unsure what to do next, I can help as an outsourced HR consultant in London. A short, confidential call can clarify your options and next steps.
We cover the whole of England.
Areas we cover near London include:
Battersea
Chelsea
Westminster
Belgravia
Hampstead
Woking
Hammersmith
Chelmsford
Croydon