Performance Management – Legal Framework (3)

  1. Employer must establish the reason for dismissal (evidence of poor performance required) and a reasonable belief in the employee’s incompetence.
  2. The ET must decide whether the employer’s decision to dismiss the employee fell within the band of reasonable responses that a reasonable employer in those circumstances and in that business might have adopted (Iceland Frozen Foods Ltd v Jones [1993] ICR 17).
  3. This should not involve the tribunal substituting its view for that of the employer (Foley v Post Office; Midland Bank plc v Madden [2000] IRLR 82).