Performance Management & Sickness
Effectively managing employee performance and sickness absence is crucial for maintaining a productive, compliant workplace. Yet, it can raise difficult questions:
- How do you handle underperformance fairly?
- What rights do employees have during sickness absence?
- How can you stay compliant and avoid costly disputes?
Our employment law team is here to guide you with transparency and confidence through these challenges. From setting up robust performance management policies to managing long-term sickness absence sensitively, we provide practical legal advice tailored to your unique circumstances and business goals. We prioritise partnership – helping you build workplace processes that are not only legally sound but foster fairness and trust, which benefit your organisation in the long term.
Our approach means we do more than just advise; we work alongside you to resolve issues swiftly and constructively, so you maintain good employee relations while safeguarding your business.
Strategic advice for effective performance management
We help you develop clear, consistent performance management procedures that align with best practice and legal requirements, minimising risk and encouraging employee development.
Sensitive handling of sickness absence
Whether short-term or long-term absence, we guide you on managing sickness with empathy and legal precision, including return-to-work plans and reasonable adjustments under the Equality Act 2010.
Support through disciplinary and grievance processes
When performance or sickness issues lead to formal steps, we ensure your actions are fair, documented, and compliant, reducing the risk of disputes or claims.
Tailored training and policy reviews
Our bespoke training sessions and policy audits equip your managers with the knowledge to handle performance and sickness properly and confidently.
Experience with all business sizes and sectors
From SMEs to large organisations, we understand the nuances of different industries and team dynamics, offering advice that meets your specific business context.
Proactive risk management
We help you identify potential legal risks early, ensuring you have strategies in place to prevent problems escalating.
Clear communication and client care
You’ll always have direct access to our solicitors who provide straightforward advice, timely updates, and ongoing support – building a relationship you can trust.
Recognition for excellence
We are proud to be recommended by leading legal directories such as Legal 500, reflecting our commitment to delivering top-tier employment law services with integrity and skill.
Helping you navigate absence with clarity, compassion and compliance.
Long-term or repeated sickness absence can significantly affect team morale and business performance. It also raises complex legal and practical challenges – how to balance care for your employee with the needs of your business, all while maintaining fairness and avoiding discrimination or unfair dismissal claims.
We work closely with you to manage sickness absence holistically. Our approach includes advising on legal entitlements, occupational health involvement, adjustments under the Equality Act, phased returns, and when it may be appropriate to consider dismissal on grounds of incapacity. We focus on clear documentation and sensible processes, helping you keep control and minimise risk.
Our solicitors understand the emotional and reputational factors involved. We help you communicate with empathy and confidence, ensuring employees feel supported. If disputes arise, we provide robust representation in mediation, tribunal or settlement negotiations, always aiming to protect your business and maintain relationships where possible.
With Pinney Talfourd as your partner, you gain more than legal advice; you gain a steadfast ally committed to the long-term health and success of your workforce and business.
Performance Management & Sickness Absence FAQs
We understand you might be looking for answers, so we’ve compiled a list of frequently asked questions to help get you started.
For long term or frequent absence, complex conditions, or when considering reasonable adjustments or medical capability.
Agree a reasonable contact plan (who, how, and how often) focused on welfare and updates.
No. Do not use pregnancy related sickness for attendance sanctions.
Sometimes but you should get legal advice first.
Our team of experts
Charlotte Buck
Senior Associate
Alex Pearce
Partner
Looking for advice?
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Your key contact
You can contact us now to book an initial consultation. Or for more information please contact Alex Pearce on the details below.
Alex Pearce
Partner