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Museum Worker Wins Unfair Dismissal Case: Employer Failed to Follow Performance Policy

Can I legally dismiss an employee for poor performance without first issuing formal warnings?

Posted by HR & Employment Team

What happened in the recent case of Ms A Briggs v The Trustees of the National Museums of Scotland?

Anita Briggs, a social media manager for National Museums Scotland, was unfairly dismissed due to the employer’s failure to follow its own performance improvement policy. Despite concerns about her work quality (typos, missed deadlines, low output) and documented performance issues, the museum did not issue the required formal warnings before terminating her employment.

Why is it important to follow HR policies such as performance improvement?

This case highlights the critical importance of adhering to established HR procedures, particularly when dealing with employee performance issues.

  • Failing to follow internal policies can lead to legal challenges and potentially costly settlements, as seen in this case.
  • Clear and consistent application of HR policies ensures fairness for all employees and minimises the risk of discrimination or bias.
  • A well-defined and transparent process builds trust between employers and employees, improving morale and reducing workplace conflict.

What can employers learn from this case?

  • Employers must ensure that all performance management procedures, including warnings and disciplinary actions, are carried out in strict accordance with their own policies.
  • Maintain meticulous records of all performance issues, meetings, and disciplinary actions. This documentation is crucial for defending decisions in case of legal challenges.
  • Instead of solely focusing on the employee’s performance, investigate potential underlying issues like stress or personal challenges.
  • Offer employees support and resources, such as stress management courses or mental health support, to address performance issues effectively.
  • Regularly review and update HR policies to ensure they are current, legally compliant, and effectively address modern workplace challenges.

Can Supportis help ensure my business doesn’t fall foul of Employment Law?

Yes! Supportis can significantly assist employers in addressing the issues raised in the case. By offering a range of services, including policy development, training, and software solutions, we can help employers create a robust and compliant system for managing employee performance.

Specifically, we can help develop and review HR policies, deliver training (remote, or in person) on effective performance management, and provide access to our award-winning eLearning system. All of our clients have access to Cirrus, Supportis’ secure online client portal, developed in-house by HR experts to streamline HR processes, paired with 24/7, fixed-fee unlimited HR advice and consultancy services on various HR and H&S matters.

Give us a call on 0161 603 2156, or drop us an email at [email protected] to find out how you can create a more effective and compliant performance management system, reduce the risk of legal challenges, and improve overall employee engagement and wellbeing.

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If you'd like to find out more about how Supportis can help your business flourish then give us a call on 0161 603 2156 or send us an email.

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