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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49788
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello My husband has worked in is Sales job for 15 months.

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My husband has worked in is Sales job for 15 months. Last week his Manager called him in to say he wasn't happy with his performance overall (the first he has known of this in 15 months) and that it is probably going to disciplinary.My husband had to send feedback to the manager about this meeting but did not admit to anything. What rights does he have? Can he be sacked on the spot? A legal helpline which was provided by his Employer has now been blocked to him.Many thanks
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if he has any previous warnings?
Customer: replied 5 years ago.



No he hasn't.. also he has had no field visits with his manager or any feedback saying that they are unhappy with his work .

An employee's poor performance in their job is a potentiality fair reason for dismissal under section 98(2)(a) of the Employment Rights Act 1996, as it would amount to lack of capability.

For the purposes of an unfair dismissal, "capability" should be assessed by reference to an employee's "skill, aptitude, health or any other physical or mental quality. The capability must also relate to the work that the employee was employed to do. A dismissal may be fair even if the employee is still able to do part of their job".

In order for a dismissal for poor performance to be fair, an employee must be warned that they need to improve, be given realistic 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:
• Did the employee know what was required of them;
• Did the employer take steps to minimise the risk of poor performance;
• Was a proper appraisal conducted and was the problem identified;
• Were training, supervision and encouragement provided;
• Did the employer warn the employee of the consequences of failing to improve;
• Did they give the employee the chance to improve;
• Did the employer consider alternative employment.

If there is belief or evidence that the employer has acted in a rather heavy-handed manner and not satisfied at least some of the above requirements, an appeal against the dismissal can be submitted directly to them. After that the only viable option is to consider a claim for unfair dismissal in an employment tribunal. There is a strict time limit of 3 months less a day from the date of dismissal to issue such a claim.

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Customer: replied 5 years ago.

Thanks for your answer.. that is reassuring. Would there be costs involved to us if we go to an Employment Tribunal? Thanks again.

the claim itself is free and there would be no additional costs unless you decide to engage a solicitor, although that is not a requirement