Capability procedure legal advice for employers

Whether it is a performance issue, poor attendance or a combination of both that are causing concern, our employment lawyers will provide you with a clear, pragmatic and commercially-viable process plan, enabling you to achieve your desired outcome with minimal risk and disruption.

You will have your own dedicated solicitor who will be your main point of contact. This partnership forms the basis for developing a trusted working relationship and enables your solicitor to fully understand your business and operations. They can then ensure that the advice they offer is accurately tailored to your individual requirements.

The level of advice that your solicitor provides will be governed by you. If you prefer to keep your absence and performance management in-house, we will guide you through the appropriate processes, helping to build your knowledge and confidence in what can often be a complex area of law.

If, however, direct advice from specialist employment lawyers would be more beneficial to the situation, your dedicated solicitor will deliver bespoke advice and letters, as well as attending any meetings to minimise your risk.

In addition to the legal advice from your solicitor, you will also have access to our document bank of resources which have all been written by specialist employment lawyers. This online library includes templated letters to issue throughout the absence and performance management processes and a range of policies outlining what is expected of an employee within the workplace with regards to sickness absence and capability.

Where all other methods of resolving performance or absence issues have been exhausted, or the employee is causing significant damage to your business, we are able to assist you with the dismissal process and minimise the risk of an employment tribunal claim being brought against you.