Losing your job because of poor performance can be an extremely stressful experience, particularly if you believe you have been treated unfairly or were never given a proper opportunity to improve.
Employers are generally entitled to expect employees to meet reasonable performance standards. However, dismissing someone for poor performance is not always straightforward, and employers must consider both the reason for dismissal and the procedure followed.
Understanding your rights can help you determine whether your employer has acted reasonably and whether you may have grounds to challenge the decision.
Can an Employer Dismiss You for Poor Performance?
Yes. Under employment law in England and Wales, capability, which includes an employee’s ability to perform their role to the required standard, can constitute a potentially fair reason for dismissal.
However, having a potentially fair reason does not automatically make a dismissal fair.
Where an employee qualifies for ordinary unfair dismissal protection, an employment tribunal may consider whether the employer acted reasonably in treating poor performance as sufficient grounds for dismissal.
The circumstances of the case and the process followed can be particularly important.
Should Your Employer Give You a Warning First?
In many circumstances, employers should identify performance concerns and give employees a reasonable opportunity to address them before considering dismissal.
This may involve:
- Explaining the areas where performance is considered unsatisfactory.
- Providing clear and achievable performance expectations.
- Offering appropriate training or additional support.
- Allowing a reasonable period for improvement.
- Reviewing progress through performance meetings.
- Issuing warnings where appropriate.
An employer who dismisses an employee without adequately addressing performance concerns may face questions about the fairness of the dismissal.
However, the appropriate procedure depends on the circumstances, including the seriousness of the performance issues.
What Is a Performance Improvement Plan?
A Performance Improvement Plan, commonly known as a PIP, is a formal process designed to help an employee improve their performance.
A PIP will usually identify specific concerns, establish measurable objectives and set a timeframe for reviewing progress.
Although being placed on a PIP can feel concerning, it does not necessarily mean dismissal is inevitable.
Employees should carefully review the objectives and consider whether they are reasonable and achievable.
If the expectations appear unrealistic or the process seems designed to justify a predetermined dismissal, obtaining employment law advice may be appropriate.
What If Poor Performance Is Linked to a Disability?
Employers must also consider their obligations under the Equality Act 2010.
Where an employee’s performance difficulties are connected to a disability, the employer may have a duty to make reasonable adjustments.
Depending on the circumstances, adjustments might include changes to working arrangements, additional equipment, modified duties or other appropriate support.
Dismissing an employee without properly considering disability-related issues can create additional legal risks.
Can You Claim Unfair Dismissal?
An employee may be able to bring an unfair dismissal claim if they satisfy the relevant eligibility requirements and the dismissal was unfair.
Qualifying service requirements can apply, although certain dismissals are automatically unfair and some discrimination claims do not require a minimum period of employment.
Employment tribunal claims are also subject to strict deadlines. In many cases, the deadline is three months less one day from the relevant act, subject to applicable rules concerning ACAS Early Conciliation.
It is therefore important to seek advice promptly rather than waiting until a dispute has escalated.
What Should You Do If You Are Facing Dismissal?
If your employer has raised performance concerns, it is sensible to keep copies of relevant correspondence, performance reviews and meeting notes.
You should also review your employment contract and any applicable disciplinary or capability policies.
Where appropriate, you may wish to raise concerns internally or seek independent legal advice.
Understanding your position early can help you make informed decisions and avoid unnecessary mistakes.
Speak to Penerley Solicitors
At Penerley Solicitors, we understand that workplace disputes can affect your career, finances and wellbeing.
Our employment law solicitors advise employees and employers on performance management, disciplinary procedures, dismissals and employment disputes.
Whether you are facing dismissal, challenging an employer’s decision or managing an employee’s performance, we can provide advice tailored to your circumstances.
Contact Penerley Solicitors today to discuss your employment law matter and understand your options.
