If poor performance is alleged an employer needs to follow a fair process with the employee. The employer must take all steps to ensure that the employee knows what is required of them.  An employer should give the employee a chance to improve.

The employer must have a reasonable belief in the employee’s incapability. 

The opportunity to improve must be given in accordance with a reasonable time frame. 

Where performance is impaired by disability then an employer may seek to discuss some reasonable adjustments that might be appropriate.

If an employee’s performance is suffering due to a failure to make reasonable adjustments or anything arising in consequence of their disability then more leeway should be given. 

A Settlement Agreement may be utilised by employers where there is a dispute about performance or where no clear pathway can be agreed.

Contact Our Unfair Dismissal Lawyers 

We will take the time to discuss your claim in detail, explaining your options clearly and answering any questions you may have without resorting to legal jargon. Wherever possible, we may be able to provide services on a no win no fee basis – if your claim is unsuccessful, you will not be charged a penny.

Speak to a member of our team today by calling 0207 458 4633 or complete our online enquiry form.

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Mark Sellek
Solicitor View Mark's Profile

"Mark Sellek agreed to take on my unfair dismissal claim. He was very professional and took time and care in preparing my case. He achieved a very successful outcome for me. I would recommend Mark to anybody who finds themselves in a similar situation."

P G Yeovil


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