Managing underperformance in the context of day one unfair dismissal rights

The proposed introduction of ‘day one’ unfair dismissal rights will focus the attention of employers on addressing underperformance concerns early and fairly. This workshop explores the key requirements of fairness when dealing with such concerns.

The proposed introduction of day one unfair dismissal rights means employers will need to be more proactive in managing performance, including during probationary periods. How can a manager balance the requirements of a legally fair process with operational or commercial reality? This interactive workshop will focus on:

• Latest proposed changes to unfair dismissal law, particularly the ‘initial period of employment’
• Fair process for managing underperformance
• diagnosing the problem: (mis)conduct or (in)capability?
• establishing standards & expectations
• reasonable opportunity to improve
• informal approach; taking formal steps
• required evidence trail
• possible barriers to progression (allegations of bullying/grievances and absence during process e.g., on grounds of stress)