Vardags — when you need to win

I was unfairly dismissed for poor performance/gross misconduct

If you have been unfairly dismissed for poor performance or gross misconduct, we understand that this could create a significant risk to the career you have worked hard to build and your future career prospects.

The law protects employees from unfair dismissal. There are only five potentially fair reasons for dismissal including capability, conduct, redundancy, illegality, or some other substantial reason that would justify dismissal. Not only do employers need to have a fair reason for dismissal, but they must also act reasonably and follow a fair process in dismissing an employee.

The employment team at Vardags is highly experienced in advising senior executives on complex employment issues. We fight tirelessly for our client’s rights, provide commercial advice to secure an exit on the best possible terms, and have an excellent reputation for successfully pursuing litigation in the Employment Tribunal to achieve brilliant results and swift resolutions to our cases.

We offer a free consultation to qualifying individuals. Please call our confidential enquiry line on 020 7404 9390 or email us. Lines are staffed 24 hours.

How can Vardags help?


There is no legal obligation for employers to provide a reference and in the case of gross misconduct it is not unusual for an employer to refuse to provide a reference. When providing a reference employers have a duty to take reasonable care that it is true, accurate, and fair.

If your current or previous employer has provided a misleading reference, they may be liable for any economic loss you have suffered as a result of any negligent misstatement.

Subject to the rules which restrict some employers (for example in the context of regulatory requirements), reference wording can usually be negotiated as part of an exit to assist with a smooth transition into your next role.

Dismissal for gross misconduct is the ultimate sanction.

On dismissal employees ordinarily receive pay and other contractual benefits during their notice period. Notice periods are set out as an express term in a contract of employment and if not a requirement to give reasonable notice will be implied. In any event, there are laws which require employers to provide minimum notice periods when terminating a contract of employment.

In a gross misconduct situation an employer is entitled to dismiss an employee without notice or pay in lieu of notice.

If you have been dismissed and need advice about payments on termination, we have the expertise to provide the assistance you need to ensure you receive your contractual entitlements.

Performance (or capability) is a potentially fair reason for dismissal but employers are expected to give employees the chance to improve by running a performance improvement process (PIP) before proceeding to dismissal. This normally involves setting targets for employees to reach over a defined period of time.

Many employers will have a policy or procedure in place for dealing with performance issues and dismissing employees. In the event of a claim by an employee an Employment Tribunal will take this into account when deciding whether an employer acted reasonably and fairly.

If you are being set up to fail at work and are facing unrealistic performance targets, we can advise you on your employment position.

It is unlawful to discriminate on grounds of a mental or physical disability. One of the most common types of disability discrimination is failure to make reasonable adjustments. This is very relevant where an employer is imposing its standard processes on an employee with a disability who is placed at a significant disadvantage.

If you have been dismissed for poor performance or gross misconduct and your employer has failed to consider relevant medical factors, it is vital that you seek advice. Time limits for making a claim for disability discrimination are tight, in broad terms 3 months.

If you have been falsely accused of misconduct or poor performance we can help you to challenge these allegations either by advising you in the background to help you raise a grievance and appeal against any disciplinary action that is taken, or by communicating directly with your employer on your behalf.

We understand the complexities and sensitivities of difficult employment law situations. Every employer is different and we will work with you to find the right approach in order to achieve the best possible outcome for you.


Contact Vardags

Cambridge
01223 855237 [email protected]

1 Saint Mary's Passage, Cambridge, CB2 3PQ

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Oxford
01865 598 1429 [email protected]

Clarendon House, 52 Cornmarket Street, Oxford, OX1 3HJ

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Winchester
01962 657268 [email protected]

1 St James' Terrace, Winchester, SO22 4PP

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