Removing An Employee For Poor Performance - Employer Legal Advice
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Case Studies

Removing An Employee For Poor Performance

Solicitors working - Hine Legal Services

A central London recruitment agency

To remove a poorly performing employee with the least risk to our client.

Situation And Challenge

For some time, a senior and longstanding employee had not been hitting his targets or placing enough candidates. Our client had tried to support the employee to improve his performance through annual appraisals and informal feedback, but felt that they were paying him a significant base salary and he was not making enough effort to improve.


We invited the employee to a disciplinary meeting (our client did not have a specific capability procedure) to discuss the allegations of poor performance. We suggested to our client that, at the end of this meeting, they hold a without prejudice conversation with the employee to see if he would be interested in discussing a settlement agreement.

We provided the client with a guidance note to support them, step by step, through the disciplinary process, including a script for the disciplinary meeting itself.

We suggested that an alternative to carrying out the disciplinary meeting themselves was to use an independent HR adviser (whom we could recommend) to hold the disciplinary meeting. After some consideration, our client decided to undertake the procedure themselves as this would enable them to have a frank, without prejudice conversation at the end of the meeting.


Our client and the employee had a protected/without prejudice conversation at the end of the disciplinary meeting and the employee agreed that a settlement agreement would be mutually beneficial. He accepted a relatively small ex gratia payment and an agreed reference. The reference was particularly important to the employee, given the allegation of poor performance.

Our client benefitted from the knowledge that they could revert to the disciplinary procedure and move to dismiss the employee fairly, should the employee not be willing to accept the settlement agreement.

Our client was able to complete the process in just over a week, meaning very little management time was spent on the situation.

Contact us to learn more about how we can help you on a similar case.

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 We are delighted to announce that Hine Legal has joined forces with Constantine Law as of 1 January 2021.

Please be assured that it will be business as usual and Nick and his team will remain dedicated to working with you and to provide employment law advice. We will remain your primary point of contact so please contact Nick and his team at Constantine Law. 

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