Performance, disciplinary and grievance

Managing employee performance and conduct is an important, and often challenging, management function. If done effectively, not only does it assist managers to get the best out of their employees, it also reduces the employer's risk in the event of an unfair dismissal claim.

In order to manage performance and conduct effectively, an employer should have appropriate performance review and disciplinary frameworks in place and apply them consistently. Line managers should also receive comprehensive training on how to deal with these issues.

This topic considers the legal and practical issues involved in dealing with:

  1. managing performance

  2. performance review meetings

  3. appraisals

  4. managing conduct

  5. disciplinary processes and procedures

  6. the application and requirements of the Acas Code of Practice on Disciplinary and Grievance Procedures, and the consequences of failure to comply with it

Managing performance

An appropriate performance framework will include the following key elements:

  1. clear communication of expected performance standards to employees

  2. investigation of the reasons that an employee is not meeting expected standards (starting with a frank, detailed conversation with the employee about situation)

  3. the possibility of disciplinary

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Right to work guidance updated on Digital Verification Service checks

The Home Office has issued an updated version of its ‘Employer’s guide to right to work checks’ document, with the changes primarily related to simplifying the information on digital checks for employers of British and Irish citizens who have a valid passport (or Irish passport card). The new version has removed various technical details which were previously intended for providers of these digital verification services, and revised the relevant terminology, so that ‘Digital Verification Service (DVS)’ now includes both the terms Identity Service Providers (IDSPs) and Identity Document Validation Technology (IDVT). This is stated to align the guidance with the terminology used in the UK digital identity and attributes framework and the Data (Use and Access) Act 2025. Guidance and requirements specifically for DVS are now set out in a separate, supplementary code for digital right to work checks. The relevant guidance for employers has been revised. Although it is not currently mandatory for employers to use a DVS certified against the ‘trust framework’ and the supplementary code, this position will change ‘in the near future’, and it will become mandatory to use a DVS listed on the register of certified DVS (maintained by the Office for Digital Identities and Attributes (OfDIA)). In other changes, the new version reiterates that an original expired BRP is not proof of a right to work, and instead an online check must be taken. It also confirms that short-term entry clearance vignettes are being phased out, and that increasingly persons recently issued entry clearance will only have their eVisa to rely on for these purposes, so will need to create a UKVI account as soon as possible and can do this from overseas. In relation to asylum seekers with a pending claim, the guidance now states that they can also volunteer whilst their claim is considered without being granted permission to work, but they can only carry out 'paid' work if they have been granted permission to work under the Immigration Rules, Part 11, paras 360 or 360C. Previously the reference in our quotation marks to ‘paid’ work stated ‘voluntary’ work

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