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Unfair dismissal – poor performance

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Unfair dismissal for poor performance is a complex area of law. If an employee is incapable of doing their job to an adequate standard there may be grounds for an employer to dismiss that employee fairly. However, care must be taken to follow a fair procedure. Extensive experience in this area enables us to view each case from a broader perspective which helps us to more effectively resolve these complex claims.

Our dedicated team of specialist employment solicitors has guided many businesses who are involved in matters arising out of performance issues in the workplace and we have an excellent reputation in this area of law.We 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.

Important considerations

Offering expert guidance from the outset and throughout the proceedings, we ensure that proper consideration is given to matters that will have a material effect on the outcome. 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 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
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