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.

If you would like someone to contact you in connection with the above, please get in touch with Anthony Wilcox, Partner in Employment Law.

Advising Employees

Our Employment Law team can advise and support employees with issues they are encountering with their work or employer.

Advising Employers

Our Employment Law team has substantial experience in advising employers.

Employment and HR Training

Our training workshops focus on giving delegates practical tools to manage in an effective way the day-to-day HR and employment law issues that they face in their workplace.

Employment Claims

Whether you are an employee looking to pursue a claim, or an employer being threatened with proceedings, our Employment Law team can support you and help you advance your case.

Employment Law and HR Advice

We are experts when it comes to providing advice, support and representation to employers and employees alike.

Employment Law Glossary

Our Employment Law team has put together a glossary of terms used in employment law to help you get the best understanding of employment law.

Employment Law Pricing Information

In keeping with TWM’s ethos, our approach to fees is to be open and transparent. We like to engage with clients to offer a fee structure appropriate to the case.

Employment Mediation

At TWM Solicitors, our Employment Law team includes an accredited mediator who conducts facilitative mediation.


We offer a range of workshops to deliver specialist training for managers, supervisors and / or HR professionals.

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