What claims would you have if your employer doesn’t follow a fair performance process?

You may have a claim for unfair dismissal if your employer fails to follow a fair process in relation to your dismissal on the grounds of capability. This could be, for example, if you were not given a reasonable timescale to improve, you were not warned early on that performance was an issue, or because the bar set for your improvement was unrealistic or outside of the remit of your usual job role.

You may have a claim for constructive dismissal if you felt you had no option but to resign as a consequence of the way in which the poor performance procedure was carried out, but you would need to lodge a grievance first.

You may also have a claim if your employer fails to give you adequate support or training which in turn had an adverse impact on your ability to carry out your role (resulting in your poor performance).

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