Following the some what controversial yet arguably unsurprising sacking of Leicester City Manager Claudio Ranieri, regardless of your opinion on Leicester City, Claudio or football it raises the issue of where an employer stands in the circumstance of dismissing an individual on the grounds of poor performance. This is a reoccurring issue within football as according to stats provided by the Guardian, only 3% of football managers accrue over 5 years service.
According to the Employment Rights Act 1996…
S.98 of the Employment Rights Act 1996 outlines that a individual can be fairly dismissed for 5 reasons. This is inclusive of “Capability”, this act defines capability to include performance or in this instance, the alleged lack thereof.
Employer must provide evidence
In order to illustrate that the circumstances leading to dismissal have been assessed fairly, an employer must be able to provide evidence that they have provided clear instruction and this has been communicated effectively to the employee. Ultimately the tribunal will asses if the employee has failed to discharge its duty owed to the employee regarding training, support and communication.
Process when dismissing an employee
In considering the process of dismissal an employee should ensure the following steps have been followed in order to show that they have been reasonable in their decision:
- Complete investigation into the individual in question
- Make the employee aware of their shortfall
- Ensure adequate support and training is being provided
- Review employers performance within the review period
- Provide the right to appeal the decision