Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

What if your top performer ends up like Nadal?

26 June 2013 #Employment

With Wimbledon being televised this week, many people have tuned into the endless grunts and back hands of the tennis stars, including former number 1, Spanish favourite, Rafael Nadal. However this year, he was knocked out in the first round to Steve Darcis, ranked 135th  in the world.

Nadal was expected to perform at a high standard, so when he was surprisingly kicked out this early on in the competition there was quite a lot of upset and confusion as to why he had performed so badly.

If for any reason, a fellow employee seems to be heading in Nadal’s footsteps, as their manager, you should consider the reason for the downturn in performance.

Speak to the employee, ask them what is happening. You might find that they are having particular problems which you can address with support to help them to get back on their feet.

However if there’s no reasonable explanation, a performance improvement plan can be started, which should comply with the principles set out in the ACAS code.

A series of formal meeting must take place, and warnings may be issued at each stage.  Targets and improvement periods need to be set out.  At the end of each period, a review meeting needs to be held, and, after appropriate warnings, the decision to dismiss may be is made.

Employer’s must take care to ensure that performance management processes are fair, or they may be exposed to risk of unfair dismissal claims, for which the current compensatory award may be as high as £74,200. 

Contributed by Izzy Beech, Student

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Read more articles


Employment team
+44 (0)118 958 5321