Conduct and performance

Sometimes things happen that you have to deal with through a disciplinary or performance process. Would you know how to manage the process?

We can assist you with carrying out a fair process. We will help you formulate the allegations, set up the formal meeting, run the formal meeting, assess the employee’s defence and arrive at a fair decision.

Businesses are expected to follow a fair process but it takes time and sometimes, in some situations following a fair disciplinary process can have disastrous commercial repercussions.

For example a client wanted to dismiss a sales manager whom they suspected of setting up in competition. Disconnecting that employee’s intranet connection after the suspension meeting could be held to be unfair as it could show that our client had already taken a decision. However not doing it could give that employee access to the most confidential information at a time when their job was in jeopardy.

Our client decided to cut off the intranet access. The employee threaten to sue for unfair dismissal and a deal was reached costing our client two weeks’ pay. The ex employee has launched her own business but has failed to poach any major client.