Managing Poor Performance in Ireland: A Fair Procedures Guide for Employers

Managing poor performance in Ireland comes down to fair procedures. The official pages we read do not set out a dedicated statutory poor performance procedure, but the official Code of Practice on Grievance and Disciplinary Procedures and the guidance on Citizens Information set out what a fair process looks like. For an employer in Dublin or anywhere else in the State, the core idea is the same: tell the employee clearly what is expected, tell them where they fall short, give them a real chance to improve and to respond, and keep a record of each step.

This guide summarises what those official pages say. It is general information, not legal advice, and where a source is silent we say so.

Start with the code of practice

The Workplace Relations Commission (WRC) publishes the Code of Practice on Grievance and Disciplinary Procedures, which was declared by S.I. No. 146 of 2000. Our separate guide to the grievance and disciplinary code of practice goes through it in full, so here we focus on the parts that matter when the problem is performance rather than conduct.

According to the code, procedures must comply with the general principles of natural justice and fair procedures. In practice that means:

• the details of any allegation or complaint are put to the employee;
• the employee has the opportunity to respond fully;
• the employee can be represented during the procedure; and
• the decision is fair and impartial, taking account of the employee's representations and any relevant evidence.

The code also says an internal appeal mechanism should be available, and that adequate records should be kept to support the operation of the procedures. An "employee representative" is described as a colleague of the employee's choice or a registered trade union.

One point worth knowing: the code is mainly written around grievances and breaches of discipline. As we read it, it does not set out a separate capability or performance procedure, and it sets no timeframes for any stage. The WRC page for the code shows no last-updated date.

What Citizens Information says about capability and competence

Citizens Information (page last edited 11 August 2026) treats poor performance under the heading of fair grounds for dismissal. It distinguishes between two ideas.

• Capability covers matters such as lateness, absenteeism and persistent absence from illness or injury. The page says the employer will need to show that the employee was made aware of the problem and warned about the consequences.
• Competence is about meeting the standards of the job. The page says the employer must first set out the standards expected, which may be in the contract or employee handbook. If the employee does not meet them, the page says the employer should explain this through a formal procedure and specify the improvements needed. The page says those improvements should be achievable and the employee should be given a reasonable timeframe. If problems continue, the page says the employee should receive a final warning stating that dismissal is likely.

The same page says employers should have disciplinary procedures, usually moving from informal warnings to written warnings and then possibly dismissal, and that employees must be made fully aware of allegations, be allowed to respond, and be allowed representation.

A step-by-step approach

The following sequence is built from the two sources above. The order and the detail are our practical suggestions, not legal requirements, so adapt them to your own written procedure.

1. Be clear about the standard

Citizens Information points to the contract or handbook as the place where standards may be set out. Before you criticise performance, check that the expectation was written down or clearly communicated, and that the employee had the training needed to meet it.

2. Raise it informally first

The code says that, as a general rule, issues should first be addressed between the employee and their immediate manager or supervisor, and that this could be done on an informal or private basis. A short, documented conversation naming the gap and the expected improvement is often the right opening step.

3. Move to a formal stage if it continues

If informal steps do not work, follow your written procedure. The code lists possible actions, including an oral warning, a written warning, a final written warning, suspension without pay, transfer, demotion, other action short of dismissal, and dismissal. It says the steps are generally progressive, but that more serious action may be warranted earlier if fair procedures are followed.

4. Set achievable targets and a reasonable timeframe

Citizens Information says improvements should be achievable and the timeframe reasonable. It does not give a number of weeks, and neither does the code. A practical approach is to agree specific, measurable targets in writing with review dates, and to record any support or training offered.

5. Let the employee respond and be represented

Before any warning or decision, put the concerns to the employee in advance, let them reply, and let them bring a colleague or trade union representative. Keep the notes of each meeting.

6. Decide, communicate and offer an appeal

Confirm the outcome in writing, explain what happens if performance does not improve, and tell the employee how to appeal internally. The code says warnings should be removed from an employee's record after a specified period and that the employee should be told, so build that into your procedure.

Do you need a written procedure?

Citizens Information (page on employer obligations, last edited 1 January 2026) says employers should have written grievance and disciplinary procedures, that employers must give employees a copy within 28 days of their start date, and that written notice of the procedures must be given before dismissing under the Unfair Dismissals Acts. Our guide to the written statement of terms and probation covers the paperwork employees must receive when they start.

Service length, probation and the risk of a claim

The Citizens Information page on unfair dismissal (last edited 28 April 2022, so check it is still current) says employees usually need at least 12 months' continuous service to bring an unfair dismissal claim, with some exceptions. It says a dismissal is presumed to be unfair unless the employer can show substantial grounds to justify it. It also says that employees on probation or in training for up to a year cannot bring such a claim, but only if that period is specified in the written contract. For employees with less than a year's service whose employer did not follow fair procedures, it says a claim may be possible under the Industrial Relations Act 1969, with a non-binding recommendation.

The practical lesson is that fair procedures are worth following even for new starters. Our overview of unfair dismissal, service, grounds and remedies explains the claims process in more detail.

An example of a structured approach

The civil service underperformance policy is a public example of how a staged process can look. The page on hr.per.gov.ie (last updated 28 July 2021) describes an informal stage through the performance management system, then a formal performance review meeting, a Performance Improvement Plan with progress meetings, and, if performance is still unsatisfactory, a disciplinary meeting under the Disciplinary Code. The page presents the policy as applying to civil servants, so treat it as an illustration rather than a template.

Common mistakes to avoid

The following points are our practical suggestions, not statements from the official pages.

• Moving straight to a final warning without earlier discussion, when nothing about the situation justifies it.
• Relying on vague criticism instead of specific, documented examples.
• Not telling the employee they may be represented.
• Setting targets that cannot realistically be achieved in the time given.
• Failing to keep records of meetings, support offered and outcomes.
• Using a performance process when the real issue is a health or personal matter that needs a different, supportive approach.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Does Irish law set a specific poor performance procedure?

The official pages do not set out a dedicated statutory procedure. The WRC code sets general principles of fair procedures for discipline and grievances, and Citizens Information describes what an employer should show or do for capability and competence. Check your own contract and handbook for the procedure that applies.

How long must an improvement period be?

Neither Citizens Information nor the code gives a fixed period. Citizens Information says only that the timeframe should be reasonable and the improvements achievable.

Can an employee bring someone to a performance meeting?

The code says employees should have the opportunity to be represented, and describes an employee representative as a colleague of their choice or a registered trade union.

Do these rules apply during probation?

Citizens Information says an employee on probation specified in a written contract cannot bring an unfair dismissal claim. It also says an employee with under a year's service may have another route if fair procedures were not followed. Check the current page and take advice before relying on probation alone.

Fair procedures protect both sides: they give the employee a genuine chance to improve and give the employer a clear, documented record. If in doubt about a specific case, take legal advice before acting.