If you’ve been unfairly dismissed, whether for poor performance or misconduct, our employment lawyers can help.
Consistently winning significant amounts of compensation for unfair dismissal claims brought against employers, we can assist you as an employee by providing advice in respect of any disciplinary procedures that are invoked against you and representing you in the Employment Tribunal.
Unfair dismissal due to poor performance
Unfair dismissal for poor performance is a complex area. In some instances for example, an employee may be incapable of doing their job which gives rise to a potentially fair dismissal. We can assist employees by providing clear guidance and assistance from the outset and throughout. Whether or not any decision to dismiss will be ‘fair’ or ‘unfair’ will usually depend on a number of factors including:
- Whether an employer can objectively establish that an employee is under-performing and is not treating an employee inconsistently with other employees.
- Whether or not the employer has informed the employee of any performance issues it has identified and what is expected of the employee in order to improve.
- Whether or not the employee has been given a reasonable chance to improve on any issues identified, including the length of time in being allowed to do so.
- Whether or not the employer has provided adequate training and support to allow the employee to improve.
- Whether or not the employee was warned of the consequences of not improving their performance.
- In some cases, whether or not alternative employment was considered by the employer.
Our dedicated team of specialist employment law solicitors can advise and assist at every stage including the preparation of your defence and relevant correspondence. At the same time, we can also assist employees through any disciplinary or capability procedures. We have guided many individuals who are involved in matters arising out of performance issues in the workplace and have an excellent reputation in this area of law. We can also represent employees in Employment Tribunal proceedings arising out of poor performance issues.
Unfair dismissal due to misconduct
It is common for employers to dismiss employees for misconduct; either for a first instance of misconduct (in the case of gross misconduct) or after a series of warnings. If this dismissal is unfair then an employee may be entitled to pursue a claim for unfair dismissal in the Employment Tribunal. When considering dismissing an employee for misconduct, it is important for an employer to establish the following:
- That the employer had a reasonable belief that the employee was guilty of the alleged misconduct, based upon reasonable grounds and a reasonable investigation.
- That the sanction of dismissal was reasonable in the circumstances and fell within a band of reasonable responses open to an employer.
Extensive experience of acting for both employers and employees in Employment Tribunal cases arising out of dismissals for misconduct and poor performance has given us a greater insight and the ability to see both sides of the unfair dismissal equation which helps us to more effectively resolve these complex claims. To find out more about how we can help you, contact us today.