Performance Management Services for Employers

Practical employment law advice to help employers address underperformance, support improvement and manage capability concerns fairly and effectively.

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Effective performance management helps employers set clear expectations, identify concerns early and support employees to meet the standards required within their role. Where performance issues are allowed to continue without appropriate management, they can affect productivity, team morale and the wider operation of the business.

DTM Legal advises employers of all sizes on managing employee performance, from informal conversations and performance improvement plans through to formal capability procedures. We help HR professionals and managers distinguish between capability, conduct and other underlying issues so that the appropriate process is followed.

Our Employment & HR solicitors can support employers with individual performance concerns or help strengthen wider performance management frameworks across the organisation. Where improvement is not achieved despite appropriate support, we can also advise on warnings, alternative roles and dismissal while helping employers reduce the risk of unfair dismissal or discrimination claims.

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Performance Management Legal Services

We provide practical advice and support across a wide range of performance management matters, including:

  • Advising on employee underperformance
  • Informal performance management and early intervention
  • Drafting and reviewing performance management and capability procedures
  • Setting clear objectives and performance expectations
  • Preparing performance improvement plans
  • Advising on appropriate review periods
  • Supporting managers with performance meetings
  • Advising on training, coaching and other employee support
  • Formal capability procedures
  • Preparing performance and capability correspondence
  • Advising on warnings for poor performance
  • Managing performance during probation periods
  • Senior employee and executive performance concerns
  • Performance issues involving remote or hybrid workers
  • Advising where performance concerns overlap with sickness absence
  • Disability and reasonable adjustment considerations
  • Managing grievances arising during a performance process
  • Distinguishing capability concerns from misconduct
  • Alternative roles and redeployment
  • Advising on dismissal for capability
  • Settlement agreements and negotiated exits
  • Defending unfair dismissal and discrimination claims
  • Performance management training for HR teams and line managers

Why Instruct DTM Legal?

Performance concerns can arise for many reasons, and identifying the underlying issue is an important first step. Our Employment & HR team helps employers determine whether the problem relates to an employee’s capability, conduct, health, unclear expectations or another workplace issue before deciding how it should be managed.

We provide practical advice designed to give employees a reasonable opportunity to improve while protecting the needs of the organisation. This includes helping employers establish measurable objectives, appropriate review periods and the support or training required, while maintaining clear records throughout the process.

Where satisfactory improvement is not achieved, we can guide employers through formal capability procedures and advise whether further support, redeployment or dismissal should be considered. Our focus is on helping managers make fair, evidence-based decisions that are proportionate to the circumstances.

We provide:

  • Practical and commercially focused employment law advice
  • Clear guidance for HR professionals and managers
  • Support with informal and formal performance processes
  • Assistance preparing performance improvement plans
  • Advice on disability and reasonable adjustments
  • Strategic support where dismissal is being considered
  • Representation where an Employment Tribunal claim arises

Get in Touch

Whether you are addressing early-stage underperformance, implementing a performance improvement plan or considering formal capability action, our Employment & HR team can help you manage the process fairly and effectively.

To discuss your requirements, contact us by emailing employment@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.

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Partner / Head of Employment & HR
DTM Legal
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Key Considerations When Managing Employee Performance

Considering the causes of underperformance and the support already provided can help employers choose a fair and effective approach. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

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Employment & HR Team

Tom Evans

Partner / Head of Employment & HR
Jamie-Lea Taylor

Paralegal, Residential Conveyancing
Molly Drake

Solicitor, Commercial Property
Alison Brennan

Head of Compliance and Service Delivery

Frequently Asked Questions

Commonly asked questions about performance management legal services for businesses.

Performance management is the process of setting expectations, reviewing an employee’s work, identifying areas for improvement and providing appropriate support to help them meet the standards required in their role.

It should not begin only when something goes wrong. Regular reviews, constructive feedback and clear objectives can help employers identify concerns early and support employee development before formal action becomes necessary.

Poor performance is generally a capability issue where an employee is unable to perform their role to the required standard. Misconduct concerns behaviour where the employee is capable of meeting the requirement but fails or refuses to do so.

The distinction is important because employers may need to follow different procedures. Acas recommends first understanding the reason for the problem and providing appropriate support where the concern relates to capability.

A performance improvement plan should clearly identify the areas requiring improvement, the standard expected, the support or training available and a reasonable timeframe for achieving the required improvement.

Objectives should be specific and measurable, with regular review meetings so that progress can be discussed and recorded. The employee should also understand what may happen if sufficient improvement is not achieved.

There is no single period that will be appropriate in every case. The timeframe should reflect the nature of the role, the performance concern, the level of improvement required and how quickly meaningful progress can reasonably be demonstrated.

Employers should avoid setting an artificially short review period simply to move towards dismissal. If the employee is improving but has not yet reached the required standard, extending the review period may sometimes be appropriate.

Potentially, yes. Capability can be a fair reason for dismissal, but the employer should act reasonably and follow a fair procedure. This will normally include identifying the performance problems, providing appropriate support and giving the employee a reasonable opportunity to improve.

Dismissal should generally be a last resort. Before reaching that stage, employers should also consider whether further training, reasonable adjustments, changes to duties or a suitable alternative role could address the problem.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Steve Tatham
26/04/2026
Tom Evans provided an excellent service regarding my recent Voluntary Redundancy. Tom was friendly, knowledgeable and helpful in supporting the processing of the legal documentation around redundancy. Tom was very timely and managed our sessions well to ensure we didn’t overrun. I would highly recommend Tom and use him again if I needed legal support.
Ellie
27/10/2026
DTM’s employment department has dealt with a couple of matters on our behalf. They have dealt with all matters efficiently, providing clear advice on employment law, whilst also understanding the commercial aspects of suggested actions.
Mia
15/10/2023
They feel like an extension to our business. They fully understand our business inside and out and are very responsive and provide a huge level of support.

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