At Gravitate HR, we regularly support employers dealing with situations where employee performance concerns have not been managed effectively from the outset.

Often, managers have not clearly highlighted inadequate performance, explained the improvements required, measured progress, or given employees a fair opportunity to improve. This can create significant problems later if dismissal is being considered – particularly in relation to probationary employment, capability, redundancy selection, or fixed-term contracts.

As UK employment law continues to evolve, employers are increasingly expected to demonstrate fairness, consistency and good communication throughout the employment relationship. This means having a clear performance management process is no longer simply good practice – it is essential.

Most importantly, performance management should never be treated as a once-a-year appraisal event. It should be an ongoing process from the beginning of employment.

Why Performance Management Is Becoming Increasingly Important

From January 2027, employees will have unfair dismissal protection after six months’ service. This means employers will need to demonstrate fair and reasonable processes much earlier in the employment relationship.

Where concerns relate to performance or capability, employers should ensure that:

  • expectations are clearly communicated from day one;
  • regular review meetings take place;
  • concerns are raised promptly;
  • support and training are provided where appropriate;
  • progress is monitored; and
  • employees are given a genuine opportunity to improve.

Without clear communication and proper documentation, employers may find it difficult to defend dismissal decisions.

This is particularly important where performance concerns form part of:

  • probationary dismissals;
  • capability dismissals;
  • redundancy selection processes; or
  • fixed-term contract decisions.

You can read more about these upcoming changes in our related blogs:

What Should a Good Performance Management Process Include?

  • Clear Expectations
    • Employees should understand their role, responsibilities, objectives and expected standards from the outset.
  • Regular One-to-Ones
    • Frequent meetings help managers provide feedback, identify concerns early and support employee development.
  • Open Communication
    • Employees should feel comfortable asking questions, discussing challenges and seeking support where needed.
  • Measurable Objectives
    • Using clear goals and measurable standards helps managers fairly assess performance and track progress.
  • Documentation
    • Managers should keep records of discussions, agreed actions, support provided and any required improvements. This ensures transparency and consistency.
  • Learning and Development
    • Providing training and development opportunities helps employees build skills and improve performance.
  • Performance Management Should Be Continuous
    • Effective performance management starts from day one and continues throughout the employee’s journey with the organisation.

A proactive approach helps employees understand expectations, improves communication and supports stronger performance across the business. Most importantly, where concerns arise, managers must address them clearly and fairly, giving employees a genuine opportunity to improve.

If you would like support reviewing or introducing a performance management process, probation review structure or manager training programme, please contact your account manager or arrange a free, no-obligation call with Gravitate HR.

You may also find these related resources helpful:

If you need help introducing a performance management process, please contact your account manager for more information or book a free Call with no obligation.

Gravitate HR Consultancy provides HR Services throughout Scotland.