Retail surgery: How do I tighten performance management procedures?

Winning an employment tribunal claim where an employee has been dismissed for not performing to the required standard can be incredibly difficult, because tribunals expect employers to exhaust all other avenues before resorting to dismissal.

It’s therefore vital that retailers have a clear performance management policy in place so that employees know how performance issues will be addressed. Laura Kearsley, associate solicitor in the employment team at Weightmans LLP, says retailers should make employees “aware of any performance issues at the earliest possible opportunity, preferably at a face-to-face meeting”. 

During the meeting, she advises retailers to discuss any reasons for the performance issues, identify training needs, make clear the standards of performance expected and agree the training and support to be provided. Then, they need to agree targets for improvement. 

“The discussions should then be confirmed to the employee in writing, making it clear that their performance will be monitored and, if targets are not achieved, further performance management may be necessary,” says Kearsley.

However, if you have provided all reasonable support and poor performance persists, then the employee should be given a series of escalating warnings, which could culminate in either their demotion (if appropriate) or dismissal, adds Kearsley. The usual disciplinary procedural rules will apply if this stage is reached.