If a staff member is underperforming consistently and has been in disciplinary procedures on a number of occasions- without it seemingly making a difference – what is the best way to deal with it?

In circumstances where an employee continues to underperform despite being the subject of repeated disciplinary action, an employer is best advised to escalate/progress the disciplinary action taken against the employee. The form of this escalation will depend upon the employer’s disciplinary procedure, in addition to the form of disciplinary action which has been taken against this employee to date.

It is essential that a fair and transparent procedure is adopted in the implementation of any disciplinary action against the employee. The Labour Relations Commission Code of Practice on Grievance and Disciplinary Procedures sets out best practice in the area of grievance and disciplinary