Successful resolution for city worker following employer alleging underperformance and threatening dismissal
Posted on: 1st February 2021
Employment Partner, Homa Wilson has recently represented a city professional, in financial services. Working for one of the top five firms, she sought advice from Hodge Jones & Allen’s employment law team following allegations of underperformance.
Her employer had invited her to an ‘off the record’ meeting where she was told she had no future with the company and it was proposed that they part ways with a settlement agreement, under which the employer would pay her notice and one month’s extra pay. She was told by her manager that her dismissal was imminent and that her only alternative was to face a stressful performance management process, which the employer expressed was likely to result in her dismissal. Our client’s objective was to avoid being dismissed.
Commenting on the case, Homa said “We reviewed the allegations of underperformance and identified a number of significate challenges to the allegations.
Our client suffered from a condition which we argued, in law, amounted to a disability. Following a careful analysis of the evidence and allegations of underperformance, we were able to link the allegations of underperformance to her disability.
Hodge Jones & Allen successfully wrote to the employer and argued that the employer’s failure to provide her with adequate support amounted to disability discrimination and reminded the employer of its legal obligation to make reasonable adjustments to accommodate our client’s disability. We also strongly objected to our client being subjected to a performance management process on the basis that, in doing so, the employer was discriminating against her on grounds of her disability. Following consideration of the letter, the employer agreed to withdraw all performance allegations against our client and gave assurances that it would instead assist her and provide her with the necessary support. Our client continues to be employed.”
Homa Wilson is a partner within Hodge Jones & Allen’s employment team, headed up by Susie Al-Qassab. The team provide employment law advice to both employers and employees.