Dismissal for poor performance

Dismissing an employee for poor performance is a complex area of law.

There are grounds for an employer to dismiss an employee if the employee is incapable of or unwilling to do their job to an adequate standard. It is important that care is taken and the correct procedures are followed.

Verisona Law’s experience in HR and employment law enables us to effectively minimise any claims that could be made on the grounds of unfair dismissal. If you are defending an unfair dismissal claim, we can review the steps you took and firmly push back on your behalf.

We’ve helped our clients through disputes arising from performance issues in the workplace and have an excellent reputation in this area of law.

We can assist all employers no matter their requirement for support, from drafting the relevant letters to employees to representing them in an employment tribunal.

Considerations

Our values are to speak the truth, and we offer expert guidance from the outset and throughout proceedings. We make sure that proper consideration is given to all areas of the case that will have an impact on the outcome.

Whether or not any decision to dismiss will be ‘fair’ or ‘unfair’ will usually depend on a number of factors including:

  • Can you effectively establish that an employee is under performing and the employee is treated consistently as compared to other members of staff
  • Have you informed the employee of any performance issues that have been identified and what is expected of them going forward
  • Have you given the employee a reasonable chance to improve on any issues identified
  • Have you provided adequate training and advice to allow the employee to improve
  • Did you warn the employee of the consequences of not improving their performance

In some cases, a tribunal might also consider whether or not alternative employment was considered by the employer.

Legal support for employers

We can provide honest, effective legal advice to employers regarding dismissing employees on the basis of poor or inadequate performance. Please contact our employment law team today on 02392 98 1000 or email connect@verisonalaw.com

  • Sue Ball

    Sue Ball

    Principal Lawyer, Head of Employment & Southern Region

    T: 023 9231 2053

    M: 07815 792 923

  • Harvinder Pahal

    Harvinder Pahal

    Solicitor - Employment

    T: 023 9231 2074



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