This case looks at the necessity of following procedures when disciplining an employee. 

This case surrounded an unfair dismissal claim brought on behalf of a non-national sales advisor whose employment was terminated on the basis of underperformance. The respondent claimed that following attempts to improve the claimant's performance by planning the conduct of the claimant was not rectified, which they believed left them with no option but to terminate the claimant's employment. 

The claimant was a customer assistant for the respondent. In 2011 the respondent introduced a customer service programme called You Are The Difference (Y.A.T.D), it was the claimant's usage of the programme and lack of knowledge of it that played a significant role in the claimant's dismissal. 

The claimant noted that whilst she may have had failings in regards to service she noted how she felt generally that she provided good service but the pressure that was placed upon her in work meant that she dreaded going into work. The claimant was of the opinion that the respondent had not provided her with enough time to improve. The claimant believed that the respondent had unfairly assessed her performance. 

The respondent however held that whilst they had given the claimant every opportunity to improve and had disciplined the claimant over specific customer complaints the respondent had not improved despite the opportunities. 

The tribunal held that there was a procedural unfair dismissal. The tribunal noted how "on the day of the claimant's final meeting with her employer, the respondent took the decision to dismiss, prepared the letter of dismissal and gave it to her all within ten minutes." On this basis the tribunal held that the claimant was entitled to compensation of €10,000.00; however the tribunal did award this amount with recognition of the claimant's contribution to her dismissal. 

Read the full decision: http://bit.ly/VXI7o0