Managing an underperforming employee

When someone isn’t performing at their best, it affects the whole team — and handling it well makes all the difference. We help Sussex and Surrey employers address underperformance fairly and supportively, with a clear process that either turns things around or leads to a fair, considered exit.

When to talk to us first

An employee is consistently missing the mark

You’re thinking about a performance improvement plan

Informal chats haven’t worked

You want to address it before it’s a formal dismissal

25+ Years Experience

Family-Run Business

Free 30-Min Discovery Call

Supporting Sussex, Surrey & London

Underperformance needs managing, not ignoring

Most performance problems are fixable if they’re tackled early, honestly and consistently. The hard part for a business owner is doing it fairly — setting clear expectations, giving real support, and keeping a record — while staying on the right side of the law.

Left too long, poor performance spreads: other staff notice, standards slip and resentment grows.

That’s where MJV Consulting comes in. We give you a structured, supportive process that’s fair to the employee and protects the business.

A fair process gives you confidence in the outcome

When you address underperformance, it helps to know your approach would stand up to scrutiny. Setting clear expectations, offering genuine support to improve, and keeping a simple record means that whatever the outcome — a turnaround or a fair exit — you can be confident it was handled properly.

With the Employment Rights Act 2025 expected to shorten the unfair dismissal qualifying period, a considered capability process matters earlier than it used to. (Timings are still being finalised.) We help you get it right from the start.

A fair, four-stage
performance process

CLARIFY

Set clear expectations

We help you define what good looks like — measurable standards, honest feedback, and a documented starting point.

SUPPORT

Put a plan in place

We build a fair performance improvement plan (PIP) with realistic targets, timescales, training and regular reviews.

REVIEW

Review honestly

We support the review meetings, record progress objectively, and help you distinguish genuine capability issues from conduct.

DECIDE

Reach a fair outcome

If performance improves, great. If not, we guide a fair capability process — or, where sensible, a settlement agreement.

A practical checklist to work through

The framework we work through with every client — and the
version we’re happy to talk through on a free discovery call.

Have You Set the Standard?

Is the Process Fair?

Are You Protecting the Business?

Practical support,
grounded in experience

✓ Experienced HR professionals who handle performance cases regularly

✓ Clear, supportive PIPs that give a genuine chance to improve

✓ Guidance on the line between conduct, capability and health

✓ All meeting scripts, letters and review templates provided

✓ Honest advice on when to persevere and when to exit

✓ Trusted by businesses across Sussex, Surrey and London

FAQs

What's the difference between conduct and capability?

Conduct is about behaviour and choices — things an employee can control, like timekeeping or following instructions. Capability is about ability — whether someone can do the job to the standard required, often despite genuinely trying. They’re handled quite differently, and starting from the right one matters. We’ll help you identify which you’re actually dealing with.

A performance improvement plan (PIP) sets out clearly where performance needs to improve, what “good” looks like, the support you’ll provide and a fair timescale to get there. Done supportively, it’s as much about helping someone succeed as protecting the business. We’ll help you write one that’s clear, fair and genuinely useful.

You can, but only as the end point of a fair process — clear standards, honest feedback, a real chance to improve with support, and proper warnings along the way. Most situations improve well before that stage. Where they don’t, a fair capability process means any final decision is sound. We’ll guide you through each step.

There’s no fixed period — it should be realistic for the role and the improvement needed, often a matter of weeks to a few months. The test is whether you’ve given a genuine, supported opportunity rather than a token one. We’ll help you set a timescale that’s fair to the employee and defensible for the business.

That changes the picture, and it’s important to pause and understand it. A health condition may amount to a disability, bringing a duty to consider reasonable adjustments before any capability process continues. Handling this well is both the fair and the sensible thing to do. We’ll help you get the right medical input and adjust your approach.

Informally first, wherever you can. Many performance issues resolve through honest, supportive conversations and clear expectations, without any formal process at all. Formal capability steps are there for when that hasn’t worked. We’ll help you handle the early conversations well, which is often all it takes.

Sometimes a settlement agreement is a cleaner, kinder route than a prolonged capability process — for both sides. It’s voluntary and needs handling correctly, including an off-the-record conversation opened the right way. We’ll advise on whether it fits your situation and manage it discreetly if so.

Only with real care. Demotion or a pay cut changes the contract, so it generally needs the employee’s agreement or a clear contractual right, and imposing it unilaterally can create bigger problems than it solves. Usually a supportive improvement process is the better route. We’ll help you weigh the options and handle whichever path you choose properly.

A signature isn’t what makes a plan valid — it simply records that it was discussed. If someone won’t sign, note that they’ve seen it and continue the process fairly. Where someone consistently rejects all feedback, that itself becomes part of the conversation. We’ll help you keep things constructive and well documented.

The principles don’t change — clear expectations, regular check-ins and honest feedback matter just as much at a distance. What helps is focusing on outcomes and agreed goals rather than hours at a desk, and keeping conversations frequent so nothing drifts. We can help you set up a light-touch rhythm that works for a smaller team.

Need to let someone go? Get it right the first time.

Book a free 30-minute discovery call and we’ll talk through your situation and the safest way forward — no obligation, just clear, practical advice.

Need help managing an underperforming employee?

Your employees deserve a workplace where they can thrive and so does your business. Contact MJV Consulting to explore how our solutions can transform your organisation.

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