Advice from an HR consultant in Belfast on when performance dismissal might be fair and what needs to happen first.
It’s a common thought for business owners. Someone isn’t meeting expectations, the pressure builds, and dismissal feels like the obvious solution. If that’s where your head is at, you’re not unusual.
The risk comes from moving too quickly. Poor performance dismissals regularly cause problems for employers, not because performance wasn’t an issue, but because the right conversations, steps, or records weren’t in place. Some businesses turn to HR consultancy services in Belfast to slow things down and make sure the process is handled properly.
This guide explains what should happen before dismissal is considered, so you can act fairly and protect your business.
Why acting too fast causes problems
Underperformance is frustrating. It affects output, morale, and your own time. But legally, poor performance on its own does not make dismissal fair.
Employers are expected to show that they acted reasonably, followed a fair process, and gave the employee a genuine opportunity to improve. If a case is challenged, what you did and did not do will be closely examined.
Rushing to dismiss often increases risk and ends up costing more in the long run, as an HR consultant in Belfast this is something we work with our clients on very often.
Identify the real issue first
Before thinking about dismissal, take a step back and look at what’s really going on.
Ask yourself:
- Is this a skills issue, workload problem, or lack of motivation?
- Has the employee had appropriate training and guidance?
- Are expectations clear and realistic?
In many cases, the cause is fixable. Clearer direction, support, or changes to workload can sometimes resolve the issue without escalation.
Have a clear, factual conversation
The first step should usually be an informal discussion focused on facts.
In that conversation:
- Be specific about what is not working
- Explain the impact on the business or team
- Set out clearly what needs to change and by when
Keep emotion out of it. Make a brief written note of what was discussed and agreed so there is a shared understanding.
Use a structured improvement plan
If performance does not improve after the initial conversation, move to a documented improvement plan.
A fair and practical plan should include:
- Clear, measurable objectives
- An agreed definition of what acceptable performance looks like
- Support such as training, mentoring, or workload adjustments
- A reasonable timeframe for improvement
- Regular review meetings with progress recorded
The purpose is genuine improvement, not creating a paper trail to justify dismissal.
Follow policy and the ACAS Code if it becomes formal
If performance still does not improve, a formal capability process may be necessary.
At this stage, you should:
- Follow your internal procedures
- Apply the principles of the ACAS Code
- Set concerns out in writing
- Invite the employee to meetings and allow them to respond
- Consider explanations and evidence
- Issue warnings where appropriate
- Offer a right of appeal
These steps are critical. A dismissal will be judged on whether this process was followed fairly and consistently.
Keep a clear paper trail
Good records are one of your strongest protections.You should be able to show:
- Dates and notes of key conversations
- What was agreed at each stage
- Support or training provided
- Any warnings issued
- Evidence of improvement or ongoing concerns
Clear documentation shows you acted reasonably and gives you confidence if tougher decisions are needed.
What to watch for
At present, most employees need two years’ service to bring an ordinary unfair dismissal claim, although there are exceptions. The Employment Rights Bill is expected to introduce day-one unfair dismissal protection, along with a statutory probation approach and a lighter-touch process that is still being developed.
In practice, this means:
- Performance dismissals are likely to face greater scrutiny
- Probation and performance processes should be tightened now
- Policies should be clear, fair, and up to date
Preparing early reduces risk later.
So, can you dismiss for poor performance?
Yes, but only when certain conditions are met.
A dismissal is more likely to be fair where:
- Expectations were clear from the start
- The employee was given support and time to improve
- A proper, documented process was followed
- Records show fair and consistent handling
- Alternatives were considered before dismissal
If there is any doubt, getting advice before making a final decision is often the safest option.
How an HR consultant can help
An HR consultant can support you by:
- Reviewing what has happened so far and identifying gaps
- Planning next steps that follow good practice
- Sense-checking fairness and documentation
- Helping update probation and performance processes ahead of legal changes
If you want to talk through a specific situation or review your approach, a confidential conversation can help. As an outsourced HR consultant in Belfast, I support small businesses to handle performance issues fairly, reduce risk, and avoid unnecessary disputes.