Performance, Capability and Disciplinary Exits
Facing a dismissal due to poor performance, capability issues, or alleged misconduct can be daunting.
You might feel stressed, unfairly treated, or worried about your career. In England and Wales, many employers use settlement agreements to end employment on agreed terms.
If you’re being managed out for performance or facing a disciplinary exit, you’re not alone. Employers often offer settlement agreements to avoid lengthy capability or disciplinary procedures. This can actually be an opportunity for you to secure a fair outcome.
Our role is to guide you through this process with plain-English advice and personal support. We understand the common fears, whether it’s feeling that you’re being treated unfairly, worrying about the impact on your career, or the urgency of meeting a tight signing deadline. With our expert help, you can approach the situation with confidence, knowing your rights and options.
Settlement Agreements for Poor Performance or Capability Issues
If your employer has raised performance concerns or doubts about your capability to do the job, they may propose a settlement agreement for poor performance rather than put you through a prolonged Performance Improvement Plan (PIP) or formal capability procedure. This can actually benefit both sides: you avoid the stress of a drawn-out process and potential dismissal, while the employer gets a clean break. However, it’s crucial that any offer reflects your legal rights.
Capability dismissal advice: Under UK employment law, dismissals for poor performance or lack of capability should follow fair procedures (like warnings and time to improve). If your employer shortcuts this by offering a settlement agreement, it often means you have leverage – perhaps they know a rushed dismissal could be challenged as unfair. We will assess whether the offer truly compensates you for giving up your right to bring claims (such as unfair dismissal if you’ve been there 2+ years). Our solicitors will ensure any performance settlement agreement you consider is fair, and we can negotiate improvements if needed (for example, a higher exit payment or an agreed reference to protect your future job prospects).
What a performance/capability settlement agreement usually includes: In exchange for you waiving claims against the employer, the agreement typically provides a financial package. This may include notice pay, a tax-free compensation sum (often the first £30,000 is tax-free), and payment for any unused holidays. Crucially, we make sure you aren’t sacrificing your rights for an inadequate sum. We also look at non-financial terms – for instance, the reason for your departure. In a capability or performance case, it’s often possible to agree on wording like a “mutual agreement” or “resignation” rather than “dismissal for performance”, which can greatly ease your career impact. We aim to include an agreed reference from your employer, so future employers will only hear the positive, pre-agreed narrative about your exit.
Disciplinary Exit and Misconduct Settlement Agreements
Being threatened with a disciplinary exit or accused of misconduct is frightening for any employee – it can put your reputation and livelihood at risk. Employers sometimes offer a settlement agreement as a way out instead of holding a formal disciplinary hearing or making a gross misconduct dismissal. This can be an opportunity for a dignified exit with compensation, but it needs careful legal handling. Our firm provides dedicated disciplinary exit legal support to ensure you don’t sign away your rights without proper benefit.
If you’re facing allegations of misconduct (e.g. inappropriate behavior, performance-related misconduct, or another disciplinary issue), it’s critical to get advice fast. An employment solicitor for misconduct settlement situations will review the strength of the employer’s case and any internal process flaws. For example, have they followed their disciplinary policy? Do they actually have evidence, or are they offering a settlement because the case against you is weak? We help you understand where you stand. If the circumstances suggest you were treated harshly or unfairly, we can use that to negotiate a better settlement (such as a larger compensation amount or clearing your record). Even if the misconduct allegation is serious, you still have rights like the right to a fair procedure and to not be discriminated against.
How a disciplinary settlement agreement can protect you: In a typical misconduct settlement, you agree to resign or mutually part ways, and in return the employer provides a payoff and often a neutral reference. This can be far better than being fired for misconduct, which could make it hard to find a new job. We’ll push to include terms that safeguard your future – for instance, an agreed statement that you left by agreement, and confidentiality provisions to prevent the employer from bad-mouthing you. We also ensure the wording of any misconduct-related clauses doesn’t unfairly restrict you (for example, no excessive gag orders beyond the standard confidentiality). Our legal support means you can exit a tough situation with your dignity and career intact.
Know Your Rights and Options
It’s easy to feel powerless when your employer initiates a capability or disciplinary exit. But you have rights. If you have over two years’ service, you generally have the right not to be unfairly dismissed – which means your employer must follow proper process and have a fair reason. Poor performance and misconduct are potentially fair reasons, but only if handled correctly. If they haven’t followed fair procedures (e.g. giving you warnings, a chance to improve, or a proper investigation and hearing for misconduct), they risk an unfair dismissal claim. Likewise, if you believe you’re being targeted due to discrimination (for instance, your performance criticism is actually biased or your misconduct allegation is a pretext), you could have claims under equality laws. These factors put pressure on the employer to offer a settlement agreement to avoid legal trouble.
You do NOT have to sign a settlement agreement if you’re unhappy with it. This is where we come in – to evaluate whether the offer is reasonable or if you have grounds to ask for more. We’ll discuss what a fair settlement would look like in your case. Perhaps you deserve a bigger payout given your long service or the flimsy performance concerns. Or maybe securing a positive reference and an extended termination date (so you have more time to find a new job) is the priority. Remember, it’s standard (and sensible) to negotiate the terms of a settlement agreement. Our experienced solicitors handle those negotiations for you, shielding you from the stress. We’ll communicate with your employer or their lawyers to fight for improvements while keeping the process collaborative so you can depart on the best possible terms.
Importantly, any settlement agreement must by law be reviewed with independent legal advice (that’s us) to be valid. This rule exists to protect you – it ensures you understand exactly what rights you’re giving up by signing. We take that further: not only do we explain the document in plain English, we also check that you’re not signing away anything unreasonable or missing out on benefits you should get. If something is missing (for example, a bonus you earned, or payment for accrued holiday, or an agreed reference letter), we will raise that for you.
Why Choose Our Settlement Agreement Solicitors?
When facing a performance or disciplinary exit, you need fast, reliable legal help that puts your interests first. Our firm specialises in settlement agreements for employees across England and Wales – it’s what we do all day, every day. We understand that you are likely anxious and need this resolved quickly and fairly. Here’s why we stand out:
- Expertise in Performance & Misconduct Cases: Our solicitors are employment law experts with vast experience in performance-related dismissals and misconduct settlement agreements. We know the tactics employers use and how to secure you the best outcome.
- Employee-Friendly, Plain English Advice: We pride ourselves on being approachable and clear. No legal jargon, no judgment – just practical advice you can understand. Whether you’re a junior staff member or a senior executive, we tailor our guidance to your level and situation.
- Fixed-Fee Service (Employer-Funded): Worried about legal fees? Don’t be. We operate on a fixed-fee basis for settlement agreement advice, and in most cases your employer covers our fee as part of the settlement package. This means our help often costs you nothing. We’ll confirm upfront if the employer’s contribution covers all costs – in the vast majority of cases, it does.
- 24-Hour Turnaround: Settlement agreements often come with tight deadlines. Our team is set up to act quickly – we commonly review your agreement, provide advice, and even conclude negotiations within 24 hours if needed. You won’t miss a deadline on our watch. If you’re in a rush or under pressure, we make your case a priority.
- Remote, Nationwide Support: Our entire process can be done remotely via phone, email, or video. You get top-quality legal support whether you’re in London, Manchester, Cardiff – anywhere in England or Wales. No need to travel to a solicitor’s office; we bring the advice to the comfort of your home. This also means we can start helping you immediately.
- Personal Support & Confidentiality: We know this is not just a legal process but a personal crisis for you. You’ll find our team warm, empathetic, and respectful. Your solicitor will listen to your story, answer all your questions, and be by your side throughout. Everything you share with us is 100% confidential. Our aim is to relieve your stress, not add to it.
With the right legal support, a difficult exit can turn into a new beginning. Our clients often tell us they felt a huge weight lifted after we stepped in we handle the legal complexities and tough conversations so you can focus on your next move. By securing a fair settlement agreement, we help you walk away with financial protection and your head held high. Perhaps most importantly, we make sure your professional reputation is safeguarded, allowing you to step into your next job with confidence.
Many employees worry that being “pushed out” means the end of their career – but with an agreed exit and reference in hand, you can move forward on your terms.
Take the Next Step – Free Initial Consultation
You don’t have to navigate this alone. Before agreeing to anything with your employer, contact us for a free, no-obligation consultation about your situation. We’ll quickly assess the settlement agreement offer (or the circumstances if an offer hasn’t been made yet) and advise you on the best course of action. There’s no pressure – our goal is to empower you with knowledge and options.
Contact our expert settlement agreement solicitors today and get the peace of mind you deserve. We are easy to reach and responsive if you call or send an enquiry, we strive to respond immediately. Remember, acting promptly is important, especially if a deadline is looming, but so is making the right decision.
With our help, you can do both. Let us handle the legalities while you focus on your future. We’ll work to ensure that your performance, capability or disciplinary exit isn’t an ending, but the start of a positive new chapter in your career.
