Absence and performance management

Managing absence and performance effectively is critical to maintaining productivity, morale and business stability. Most employers want to support their staff to perform well, but persistent absence or underperformance can place significant strain on teams and management time if not addressed properly. A structured, lawful approach will help you achieve improvement where possible and protect your position when more formal action is required.

At Coodes, our expert employment lawyers advise employers across the region on managing absence and performance issues in a way that is fair, consistent and legally compliant. We will help you balance operational needs with your obligations to employees, reducing the risk of disputes and claims.

Addressing performance and absence issues

Performance issues can arise for many reasons, including skills gaps, health concerns, conduct issues or organisational change. We support employers in identifying the underlying causes and selecting the most appropriate response. This may include introducing performance improvement plans, capability procedures or formal disciplinary action.

Absence management often intersects with complex legal issues, particularly where ill health, disability or long-term absence is involved. We provide clear advice on managing these situations sensitively while complying with employment and equality legislation.

When formal action or exit become necessary

Where informal measures or performance management processes fail to deliver improvement, or where they are not appropriate, we can support you through more formal steps.

Our team can:

• Advise on performance improvement plans and capability procedures, ensuring they are fair and defensible.
• Ensure appropriate disciplinary procedures are in place and correctly followed.
• Negotiate terminations, minimising disruption and legal exposure.
• Prepare and advise on settlement agreements as an alternative to contested processes.
• Defend Employment Tribunal claims including unfair dismissal and discrimination claims.
• Advise on restrictive covenants and post-termination protections, helping safeguard confidential information, client relationships and intellectual property when
• employees leave, whether through dismissal or agreed exit.
• We can provide pragmatic, employer-focused advice to help you manage absence and performance issues confidently, protect your business interests and maintain effective working relationships.

Fees

Related topics:

• Unfair dismissal
• Settlement agreements
• Discrimination and equality claims
• Contracts of employment
• Employment Tribunal representation
• Contracts, handbooks and policies