Workshop

Managing Unsatisfactory Conduct and Performance at Work

Objectives: to enable delegates to deal effectively with unsatisfactory conduct and performance and have a good understanding of relevant employment law and good practice.

Workshop details

Objectives: to enable delegates to deal effectively with unsatisfactory conduct and performance and have a good understanding of relevant employment law and good practice, including differentiating between conduct and capability and the importance of correct procedure and reasonableness.

Duration: Single day workshop

Programmes are agreed on a client by client basis.

Details of the subjects covered in this programme:

  • Standards of Performance and Conduct:
    • Setting the standards
    • Communicating standards
    • Monitoring and measuring performance
  • Identifying Unacceptable Performance or Conduct:
    • Establishing the extent of under-performance
    • Determining if the problem is conduct or capability
    • The value of informal action
  • The Legal Framework:
    • The principles of unfair dismissal
    • Reasonableness
    • Who has protection from unfair dismissal
    • Short service, trial periods and probationers
    • The right to be accompanied by a companion
    • The importance of investigations
    • Correct procedures, including statutory requirements, rules of natural justice and the ACAS Code of Practice
    • Failure of the employee to attend a hearing
  • Dealing with Unsatisfactory Conduct, including:
    • Disciplinary procedures
    • Gross misconduct and less serious offences proof
    • Attitude and co-operation
    • Conduct inside and outside work
    • Social networking – what action can an employer take?
  • Handling Capability Issues, including:
    • Capability procedures
    • Inefficiency, incompetence and other capability issues
    • Alcohol, drugs and similar issues
  • Addressing Sickness and Absence:
    • Long term absence
    • Contractual rights and benefits
    • Dealing with short term and intermittent absence
  • Handling grievances during/following proceedings
  • Employment Tribunal Awards
  • The Equality Act – conduct and unsatisfactory performance problems involving disabled employees 

Key learning points from the workshop will be addressed at various stages, with delegates participating in syndicate activities where actual Employment Tribunal cases will be considered.

Key Contact

Anthony Wilcox

Partner in Employment Law

Here’s why you should choose our team

Comprehensive expertise in employment law – from drafting new contracts and day-to-day HR advice to pursuing or defending Employment Tribunal claims.

Partner-led advisory service – providing you with direct access to highly experienced employment law solicitors.

Experienced in advising both employers and employees – our approach enables us to provide holistic and meticulously crafted advice and support.

Pragmatic, bespoke commercial advice – we work hard to find the right solution for you or your business objectives, working to your timescales.

Long-standing client relationships – a substantial amount of our new business stems from client referrals, a testament to the work we undertake.

Industry recognition – proudly hold rankings in The Legal 500 and Chambers and Partners, the industry’s leading independent legal guides.

Meet the team

FAQs

Below are some questions that we are frequently asked by clients who require advice on Employment Law

Why should an employer provide employment law and HR training to its managers?

Managing people within the law ensures that a business operates efficiently, while creating an appropriate workplace culture.  The cost of disruption caused by absence, poor conduct and under-performance are significant, both in terms of productivity and the impact on colleagues, affecting morale and staff retention. Tackling these problems requires an understanding of how to work within the framework provided by the law to minimise the risk of expensive Employment Tribunal claims.

Additionally, employers are expected to take steps to ensure that their workplace is free of discrimination and harassment, which includes providing suitable training and refreshing that training at appropriate intervals.

Will your training be too legalistic and lack the understanding needed to apply the legal principles effectively in the workplace?

No. We have a long track record of delivering training and feedback consistently comments on our ability to provide practical and relevant guidance in easy-to-understand language. We train delegates ranging from supervisors and team leaders working on the factory floor through to senior executives, Directors and HR professionals, tailoring our approach to the topics being covered and the delegates attending.

Do your training courses encourage participation?

Yes.  We encourage delegates to ask questions throughout the workshop so that relevant issues can be discussed at the time we are dealing with subjects. Additionally, our workshops usually use case studies to encourage discussion of the topics we are featuring, which feedback has shown delegates find both useful and interesting.

Contact the team

Here’s how to get in touch if you have any questions at all or would like to speak to us about your enquiry. Please complete the form below and one of our experts will get in touch to discuss how we can help.

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