Clare Brennan Explores The Risks Of Avoiding Difficult Performance Conversations In People Management

Clare’s comments were published in People Management on 19 October 2026 and can be seen here.

Clare Brennan, Partner in our Corporate & Commercial team, explores why employers should not avoid difficult conversations about performance and the legal risks that can arise when capability concerns are left unaddressed.

Clare explains that delaying feedback can allow issues to become more complex, with capability processes potentially accompanied by grievances, data subject access requests (DSARs), or allegations of discrimination or unfair treatment.

She outlines the importance of identifying performance concerns early, communicating expectations clearly and giving employees a genuine opportunity to improve. This will become increasingly important from 1 January 2027, when the qualifying period for ordinary unfair dismissal claims is due to reduce from two years to six months.