Unfair dismissal: poor performance

by Practical Law Employment (based on an original by Eversheds Sutherland LLP)

Maintained | England, Scotland, Wales

A note outlining the key legal and practical issues that can arise when an employee's performance falls below the required standard. It gives guidance on how to dismiss fairly on capability grounds for poor performance, including the importance of investigations, hearings and the use of warnings.

Get access to this document with Practical Law

Why Practical Law?

Gain a built-in attorney network

Practical Law’s resources are written and maintained by over 650 dedicated, full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies, so they understand the challenges you face. They dedicate themselves to creating resources to help you navigate the new legal realities, legislative changes, and practice areas impacting your clients or organisation.

See how to leverage the expertise of Practical Law’s attorney-editors to help you practice more efficiently.

Expert guidance

650+ full-time, experienced attorney-editors keep you up to date globally

Total resources

118,000+ total resources across 17 practice areas ensure comprehensive coverage

Timely updates 

150,000+ hours spent in 2025 maintaining and updating resources

Experience Practical Law