You can dismiss an employee for poor performance but only if you do the work first
Guidance from an HR consultant in Stratford on Avon on what must happen before dismissal for poor performance can be fair.
Many business owners reach the same conclusion.
You look at the situation and think, “This person just isn’t doing the job. Surely I can let them go.” Poor performance feels like an obvious reason to dismiss someone. The risk comes from acting on that instinct without doing the groundwork first.
Performance dismissals are one of the areas where employers most often get caught out. Miss conversations, skip support, or fail to record what happened, and a fair-sounding decision can quickly turn into an expensive problem. This guide explains what needs to happen before dismissal is even considered.
Why poor performance needs careful handling
Poor performance affects more than output.
It drains your time, frustrates the rest of the team and distracts you from running the business. Dismissal for poor performance can be fair, but only when it is handled properly. Fairness and process are not box-ticking exercises. They are what protect you if a decision is challenged.
Understand the real issue
Before you move towards dismissal, pause and ask practical questions:
● Is this a skills gap, a workload issue, or a motivation problem
● Has the employee had the training and resources they need
● Were expectations clear and realistic from the start
A short, honest review often uncovers fixable problems. Addressing those first is usually quicker and lower risk than rushing to dismissal.
Have a clear, fair conversation
Start informally and be direct.
In that conversation:
● Explain what is not working and why it matters
● Be specific and factual, using examples rather than general comments
● Set out what needs to change and agree a reasonable timescale
Clarity alone often leads to improvement. If it does not, you have a clear starting point for next steps.
Use a structured improvement plan
If informal conversations do not resolve the issue, move to a documented improvement plan.
A fair plan should include:
● Clear, measurable objectives so expectations are understood
● Agreement on what “good enough” looks like in practice
● Support such as training, coaching or mentoring where appropriate
● A reasonable period to improve, with scheduled review meetings
The purpose is genuine improvement, not creating a paper trail to push someone out.
Follow policy and the ACAS Code
If performance still does not improve, a formal process may be needed.
At this stage you must:
● Follow your internal procedures
● Work in line with the principles of the ACAS Code
● Invite the employee to meetings and explain concerns clearly
● Allow them to respond and consider any explanations or evidence
● Issue warnings where appropriate and offer a right of appeal
If a dismissal is challenged, this process will be examined closely.
Keep clear records
A clear paper trail is essential.
Record:
● Key conversations and dates
● What was agreed at each stage
● Support, training or adjustments offered
● Any warnings issued and the reasons for them
● Evidence of improvement or ongoing concerns
Good records protect your business and support sensible decision making.
Watch for legal changes
At present, most employees need two years’ service to bring an ordinary unfair dismissal claim, although there are exceptions. This will change from January 2027 when The Employment Rights Act will reduce the time to 6 months.
In practical terms, performance dismissals are likely to face closer scrutiny. Tightening probation and performance processes now reduces future risk.
Can you dismiss for poor performance?
Yes, but only if the basics have been done.
A dismissal is more likely to be fair where:
● Expectations were clear from the start
● The employee was given support and a reasonable chance to improve
● A fair process and your policies were followed, including ACAS principles
● Accurate records were kept and alternatives were considered
Every situation is different. Getting advice before making a final decision is often the safest approach.
How an HR consultant can help
If you are unsure how to proceed, an HR consultant can help by:
● Reviewing what has happened so far and identifying gaps
● Planning next steps that follow good practice and reduce risk
● Sense-checking fairness and documentation
● Helping update probation and performance processes ahead of legal changes
If you want a second opinion or support tightening your approach, we can talk it through. As an outsourced HR consultant supporting businesses in Stratford on Avon, I help employers handle performance issues fairly and with confidence.
