Watson Esam | News | Employment Law - Performance Management Case Study

Circumstances

I was instructed by an accountancy practice to deal with the exiting of a senior manager.  Having 10 years service he had full employment law rights.  My clients were very professional and fair but felt that the manager was not fulfilling his role in a way that best benefited the business, causing issues with staff morale and client complaints.

Legal Issues

Unfair dismissal on capability/conduct grounds; appraisal and performance management

Outcome

I asked my clients what they wanted to achieve - dismissing the manager or improving his performance and behaviour.  Their preference was to keep the experienced and skilled manager within the workforce but they were so frustrated that they thought there was no option but to dismiss him.

We implemented a series of performance management meetings, setting targets and objectives and clearly setting out what was expected of the manager.  This had a positive effect as, for the first time, the practice had open, full and frank discussions with the manager, creating a turn-around in his performance and conduct.  He was able to address matters which had never been brought to his attention previously.

Dismissal is not always the best option - exploring new methods of managing the workforce often resolves problems without the need for expensive litigation.

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