If an employee takes legal action for unfair or unlawful dismissal, to defend the termination action successfully, it is important that their manager has:
A) obtained the agreement of the employee's colleagues that the employee was underperforming.
B) obtained an admission from the employee that they were underperforming.
C) clearly documented and described the employee's performance gap in specific behavioural or measurable terms.
D) provided the employee with three verbal warnings prior to dismissal.
E) All of these responses are correct.

Question

Quizplus · Accepted Answer

Clear documentation of the employee's performance gap in specific terms is crucial in defending against a claim of unfair or unlawful dismissal. Obtaining agreement from colleagues or an admission from the employee may be helpful but is not as strong as concrete documentation. Providing verbal warnings prior to dismissal may also be helpful but is not a requirement for defending against legal action.

If an Employee Takes Legal Action for Unfair or Unlawful