Managing Poor Performance
Expert employment lawyers in London and the South East – helping employers manage underperformance and protect their business.
Managing poor performance – from informal conversations to formal action.
Managing poor performance isn’t just about difficult conversations. It’s about supporting your team, protecting your culture and maintaining business performance.
When an employee underperforms and no action is taken, the effects can gradually impact morale, service delivery and wider team dynamics – sometimes leading to avoidable legal risk.
Left unaddressed, performance issues can lead to:
- Low morale, as high-performing colleagues take on the burden.
- Poor service or delivery, impacting customers and clients.
- Loss of trust, as managers and teams question fairness.
- Increased risk, especially if protected characteristics are involved.
- Expensive claims, if dismissals are handled without proper process.
At Thomas Mansfield Solicitors, we help employers face these challenges with confidence. Whether you’re managing an isolated performance issue or a broader pattern, we provide clear, commercial advice grounded in employment law and real workplace experience.
Our role is to help you take early, fair and effective action – minimising risk, preserving productivity and setting your people up to succeed. And where improvement doesn’t follow, we ensure any next steps are legally sound and commercially sensible.
Call our employment law team on 020 4579 5997 or
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Supporting employers through every stage of performance management.
Managing poor performance requires more than just a policy – it takes structure, confidence and the right legal guidance at every stage. Whether you’re dealing with a one-off concern or a recurring issue, we help you take action that’s fair, compliant and commercially sound.
At Thomas Mansfield Solicitors, we support employers across the full performance management lifecycle – from early conversations to formal capability proceedings.
Informal support and early intervention
- Structuring early, informal conversations to encourage improvement.
- Identifying when to escalate from informal support to formal procedure.
- Drafting and reviewing capability policies and procedures.
- Designing and implementing performance improvement plans (PIPs).
- Preparing documentation, including performance records and evidence.
- Advising on legal obligations, including disability, mental health and reasonable adjustments.
Formal capability processes
- Managing formal capability procedures, including hearings and appeals.
- Setting clear, time-bound performance targets and reviewing progress.
- Issuing warnings in line with your policies and the Acas Code.
- Handling dismissals where necessary, ensuring fairness, notice and compliance.
- Navigating related or overlapping issues, such as absence, health concerns or grievances.
- Mitigating legal risks and protecting your decision-making with proper documentation.
Our advice is always practical and tailored – helping your managers take confident steps at the right time, while reducing risk and supporting organisational performance.
Why employers choose Thomas Mansfield Solicitors.
- Experts in managing poor performance – We support employers with underperformance and capability issues, balancing fairness, legal compliance and commercial outcomes.
- Recognised and accredited – Ranked in The Legal 500, Lexcel accredited by the Law Society and members of the Employment Lawyers Association.
- Practical and commercially focused – We help you handle performance concerns constructively, avoid legal pitfalls and protect your business reputation.
- Trusted by employers across sectors – From SMEs to international organisations, we advise HR teams, managers and business leaders on how to act confidently and lawfully.
- Accessible and responsive – With offices in London and the South East, and flexible remote support, we’re easy to reach and ready when you need us.
- Training that builds capability – We provide tailored workshops for managers and HR teams to manage performance fairly, consistently and effectively.
A practical, strategic approach to performance management
We take a calm, structured approach to managing poor performance – helping employers navigate concerns early and, where necessary, handle formal procedures with care and confidence.
- Start the conversation – We begin with an initial call to understand your business, the concerns you’re facing and any internal processes already in place.
- Get a tailored strategy – We’ll set out practical next steps, with realistic timelines and clear fee options.
- Resolve issues with confidence – Whether you’re supporting improvement or managing an exit, our advice protects your business and strengthens your team.
Talk to our employment solicitors about managing poor performance in your organisation.
Call our employment law team on 020 4579 5997 or
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Please note we do not offer legal aid or no win no fee agreements.