Staff not performing? The key to keeping on the right side of unfair dismissal laws is to write performance clauses into employment contracts and have them checked over by a legal expert to give weight against any unfair dismissal claim.
Performance indicators must be those elements of an employee’s role wholly and directly controlled by that employee. You need to be clear about your expectations from the beginning and ensure they understand the feedback procedure you will use to inform them if they are not achieving as expected, so they have a chance to improve their performance. If, after this procedure, the employee is still not performing, you have grounds to dismiss them fairly.
