Performance
Employee not performing
By the time this feels urgent, your options are already narrowing.
You've noticed the work isn't up to standard. You've given feedback. Maybe even a formal warning. But nothing's really changed. This guide explains what's going on and what you can actually do.
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Written and reviewed by Samantha Newton FCIPD, Chartered Fellow CIPD · 25+ years' employee relations experience · Last reviewed August 2026
You've tried giving feedback. It hasn't worked.
You've noticed the work isn't up to standard.
You've given feedback, but nothing's changed. Or it's improved briefly and then gone back to where it was.
Maybe the person is new to the role and hasn't settled in yet. Or they've been there a while and something's shifted.
Either way, there's a mismatch between what you need and what they're delivering. And you're frustrated because you know they're capable, or at least you thought they were.
Typical situations supported
If any of these sound familiar, you're in the right place.
Not sure how serious yours is?
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What's usually going on
Most performance issues have one of three causes:
Capability: they're not able to do the role at the level you need, lack the skills, or are out of their depth
Motivation: they're not engaged, the role isn't what they expected, or something else is affecting their focus
Clarity: expectations aren't clear, goals keep shifting, or feedback hasn't been consistent
The cause determines the approach. A capability issue needs a different response to a motivation issue, and both need a different response to a situation where the role itself has changed. Treating all three the same is one of the most common mistakes employers make.
What's at stake
What happens if you don't address it
Performance issues rarely resolve themselves. If you leave it:
- The employee knows they're struggling, affecting their confidence and your relationship with them
- Other team members get frustrated, either picking up the slack or losing respect for how it's being managed
- Your own time and energy goes into managing around the problem rather than fixing it
- It becomes harder to have a fair, legally sound conversation the longer you wait
The longer performance is left unaddressed, the narrower your options become, and the more exposed you're if dismissal eventually becomes necessary.
Left too long, performance issues create resentment, compliance risk, and eventually you're forced into a decision in a worse position than if you had acted earlier.
How Magenta HR helps
In a single session, Samantha reviews the situation and gives you a clear plan:
Assessment of whether this is capability, motivation or a clarity issue
Advice on whether informal support or a formal process is the right next step
Guidance on setting expectations, structuring an improvement plan and documenting progress
Clear view of the legal risk and how to manage it
Written summary of what to do, in the right order, within 48 hours
You deal directly with Samantha Newton FCIPD, someone who has supported owner-managed businesses through performance management situations across a wide range of sectors.
The Magenta Method
From problem to sorted, in four clear steps
A clear, four-step approach so you always know where you stand and what happens next.
Understand
We get a clear, honest picture of what's really going on, beneath the surface.
Assess the risk
Your legal exposure and commercial impact, explained in plain English.
Plan the right path
Realistic options and the correct steps, in order, written up within 48 hours.
Resolve & protect
Support through it, then keep you protected so the next issue is caught early.
Real situation · anonymised
Performance concerns
Accuracy improved within a month
He trusted her. She kept making mistakes. He didn't know what to do.
Situation
Repeated errors were affecting client work. The owner had flagged it informally twice but nothing changed. He was worried about losing her, or losing clients.
What changed
A structured improvement plan, framed properly, with clear expectations and support built in.
Outcome
Accuracy improved within a month. No tribunal risk. No recruitment cost. The employee later said it was the clearest feedback she had ever received.
Owner, wellbeing clinic
Reviewed by Samantha Newton FCIPD, Chartered Fellow of the CIPD, with 25+ years handling situations like this.
Common questions
Do I need a formal process before dismissing for poor performance?+
Yes. Even where performance issues are clear, dismissal without a structured process, clear expectations, documented warnings, genuine support, creates significant unfair dismissal risk. The process is what protects you.
What's the difference between a performance issue and a capability issue?+
In employment law, capability refers to an employee's ability to do the job. Performance management can cover both capability and conduct. The distinction matters because it affects how you structure the process and what outcome is appropriate.
How long should I give someone to improve before taking formal action?+
There's no fixed rule. The timeframe needs to be reasonable given the role, the nature of the issue, and what support has been offered. Samantha can advise on what's reasonable in your specific situation.
What if the employee says their poor performance is due to a health condition?+
This changes the approach significantly. A health-related performance issue may involve disability discrimination considerations. Get advice before proceeding with formal action.
Ready to sort this out
Get a clear, honest read on your situation
Start with the free Situation Check to understand exactly what you're dealing with, or book a free consultation and talk it through with Samantha directly.
Not ready to book? Just tell me what's going on and I'll come back to you.
You deal directly with Samantha, no call centre, no junior, and if you can handle it yourself, she'll tell you. Getting it wrong can run to five figures; a focused session starts from £495 + VAT, with a written plan in 48 hours.
Free and no obligation · Usually a reply within the hour · Referred by accountants and solicitors.
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Plain-English guidance, letters, checklists and an editable policy, written by a Chartered Fellow. From £197.
You might also be dealing with
These situations often come up alongside each other.