Situation
The employee argued that their dismissal was discriminatory, despite clear evidence of underperformance, to try to circumvent the 2-year qualifying service requirement for an unfair dismissal claim.
Solution
We identified the weaknesses in the employee's claim and put together a robust defence from the outset. We worked with our client to gather the relevant documentation and probation review records to evidence that the dismissal was purely down to poor performance, and provided a robust series of responses to their solicitor’s communications and the ACAS early conciliation request.
Outcome
We successfully rebuffed the claim at the Early Conciliation stage, with the employee realising they were unlikely to win, meaning that the case never progressed to the Employment Tribunal.
