If poor performance is alleged an employer needs to follow a fair process with the employee. The employer must take all steps to ensure that the employee knows what is required of them. An employer should give the employee a chance to improve.
The employer must have a reasonable belief in the employee’s incapability.
The opportunity to improve must be given in accordance with a reasonable time frame.
Where performance is impaired by disability then an employer may seek to discuss some reasonable adjustments that might be appropriate.
If an employee’s performance is suffering due to a failure to make reasonable adjustments or anything arising in consequence of their disability then more leeway should be given.
A Settlement Agreement may be utilised by employers where there is a dispute about performance or where no clear pathway can be agreed.
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