Unfair dismissal - poor performance

In some instances an employee may be incapable of doing their job which gives rise to a potentially fair dismissal.

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 underperforming 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 advice 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

Linder Myers can assist employers by providing them with clear guidance and assistance in what can be a complicated area of law, including the preparation of all relevant letters to employees. We can also assist employees through any disciplinary or capability procedures. We can also represent both employers and employees in Employment tribunal proceedings arising out of dismissals for poor performance.