The recent decision of the Employment Appeals Tribunal in Rachel Berthold v Google Ireland Limited (UD2147/2011) which saw €110,000 awarded to the claimant for unfair dismissal, places the spotlight back on performance-related dismissals and more particularly, emphasises the high level of legal liability which can be incurred from improper performance management. In this article, we will set out some recommended steps in order to enhance the defence of performance management process.

In dismissing an employee on the grounds of performance, the Employment Appeals Tribunal has made it clear that an employer should be very slow to dismiss upon performance grounds without first telling the employee of the respects in which they are failing to do their job adequately,