I couldn't agree with you more.

All my experience of employment law and the 'dark side of HR' indicates that the kindest and most loving thing to do when someone is not in the right job, is to resolve the situation.

Managers who delay often torture people who know they are 'failing' and the whole situation can degenerate into bullying and long term damage.

The loving thing to do is to be honest about what needs to be done, and what the real options are and to move on.

You should not use employment law as an excuse for inaction, nor 'getting the paperwork right' as a way of doing nothing.  When the heart and the head work together there is no delay...