Performance, Process & Paperwork: Keeping you on track.

When starting performance discussions with employees and considering moving them to a formal capability process, keeping notes of your previous informal discussions is absolutely critical.

This ensures the process runs as smoothly and efficiently as possible.

If you are going to place someone on a capability process, you need demonstrable evidence that prior discussions have taken place. This could include meeting invitations, emails outlining expectations and actions, or formal minutes of meetings that document concerns about their performance.

You don’t need to complete a full performance improvement plan (PIP) before initiating a capability process, but you do need to show that conversations have occurred, that the issue has been taken seriously, and that the employee has been made aware of their responsibility to improve their performance.

This is crucial because if the employee is eventually dismissed and the case reaches a tribunal, the tribunal will review all paperwork leading up to the dismissal—not just the final decision itself. They will look into whether the employee was given a fair opportunity to improve before being placed on the capability process. The focus isn’t just on the dismissal but on every step that led to it.

At the early stages, the documentation doesn’t have to be perfect. What matters to a tribunal is the weight of evidence. That said, most cases don’t end up at a tribunal. In many situations, these discussions prompt employees to either improve their performance or make a decision about their future with the business.

However, in exceptional cases where an employee claims constructive dismissal or takes the case to a tribunal, having a solid paper trail is invaluable. It demonstrates that the process was followed correctly and fairly.

As we always say, paperwork is king in these situations. If you need any support with performance discussions, don’t hesitate to reach out—we can guide you through the next steps and help set up the process.