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Performance Management Process - Capability Procedures

Performance Management Process (Capability)

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My client became an unexpected participant in a performance management/capability procedure at work. My client believed the performance procedure was unjustified, but they did not know what action they could take to protect themselves. Read on to learn more. 

My Client’s Story

I first spoke with my client for a free enquiry, and I was delighted when they decided to use our Fixed Fee Consultation service. More information about Fixed Fee Consultations can be found on our website at

At the Fixed Fee Consultation, we took the time to gather all of the relevant facts and circumstances. In short, my client was a successful manager and over several years of employment they had regularly achieved their targets/KPIs at work. At their annual review, it was acknowledged my client had continued to achieve their overall targets. However, it was accepted that some of the objectives set had not been met. In any event, at the end of their yearly review my client received a score of “good”. They were therefore shocked when, out of the blue, a notification was received that a formal performance/capability procedure was going to commence.

When I met with my client, they were understandably upset and confused by the situation. It resulted in them becoming unwell and being signed as unfit to attend work by their GP. They explained they simply could not return to work, given the circumstances. We therefore discussed a way to protect their position and help manoeuvre them into achieving a successful exit package with the Company.

I explained the best course of action was to submit a Formal Grievance (more information is available on our website at ). It appeared to me that there was more at play than a capability procedure. I considered the capability procedure may have begun because of their sex. We therefore agreed I would draft the Formal Grievance on their behalf and once completed, submit a Without Prejudice offer to the Company. In essence, Without Prejudice correspondence is private which means, if the matter ever proceeded to the Employment Tribunal, any Without Prejudice correspondence would not come to the Employment Tribunals attention. Without Prejudice correspondence is usually used to discuss a settlement proposal, please see our website at

Following submission of the Formal Grievance and Without Prejudice letter, settlement negotiations soon took place, and my client achieved a very good settlement. They very kindly left me the following review:

“I was in a very difficult place when I first spoke to Lucy. I had minimum experience about employment process and the laws governing employment procedures. Lucy was very professional and put me completely at ease, the best decision I made was to instruct her to act on my behalf. Thank you very much Lucy.”

Lincs Law Employment Solicitors Can Help You

If you are experiencing a similar issue at work, please do not hesitate to contact us for a free, initial and no obligation telephone call. Simply call us on 01522 440512 and we’ll be happy to help.

Lucy Stones, Associate, Specialist Employment Solicitor