Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
Does he have specific targets to work towards?
He has to compare with peer group
ok thanks let me get my response ready please
An employee's poor performance is a potentiality fair reason for dismissal under the Employment Rights Act 1996, as it would amount to lack of capability. This should be assessed by reference to an employee's "skill, aptitude, health or any other physical or mental quality" and must relate to the work that they were employed to do.
In order for a dismissal for poor performance to be fair, an employee must be warned that they need to improve, be given reasonable targets for improvement within a realistic timescale and be offered appropriate training and/or support during the monitoring period.
Generally, the reasonableness of such dismissals would be measured against the following criteria:
The above are just examples and what a tribunal would generally look for when deciding the reasonableness of a dismissal. If there is a genuine belief or evidence that the employer has acted in a rather heavy-handed manner and not satisfied at least some of the above requirements, the dismissal could be challenged.
Sadly it does not really matter whether the person was close to retirement or if their future earnings, for example through a pension, would be affected. The laws on dismissal are not connected to these factors, although as mentioned dismissal is something which will have to take time and only if it becomes necessary.
Thank you. We understand the above. It is difficult when performance is rated in terms of figures sold only as some factors are outside of personal control eg the market, customer willingness to buy etc.
of course, although that can be inevitable sometimes and the employer must ensure that the targets, or the figures against which performance is based is realistic and reasonable but that can also be difficult to argue and eventually it may only come down to an employment tribunal to decide on, which would usually happen if he gets dismissed and then challenges it
Thank you very much for your help today.
you are most welcome, all the best