Podcast Location:
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Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at employment practitioners and those with HR or personnel responsibilities. It aims to discuss the use of performance management as a tool to improve employees performance and the consequences for a deterioration in performance, possibly even leading to dismissal. The premise behind this podcast is to avoid a situation where dismissal or disciplinary action might be found to have been ‘unfair’ for the purposes of unfair dismissal law and is therefore salutary listening for employers in particular.

After completing the course you will:
  • Know what a performance improvement plan is and how do they operate in practice;
  • Understand some of the key case law on what amounts to incapability;
  • Understand how tightly the reason for a dismissal has to be drawn;
  • Know to what extent an employer can aggregate minor indiscretions into a reason for dismissal;
  • Understand what is considered to be a fair procedure leading up to dismissal;
  • Understand the relevant tools on the table to deal with performance and the key dos and donts for employers and managers;
  • Be aware of using without prejudice discussions as an alternative way forward and the extent to which they may lead to a fair dismissal.
General Interest Difficulty: 2 of 5
Practical Guide
Sources and References:
  • Bristow v ILEA (1979) (cited in Unfair Dismissal, 2nd Ed, IDS Handbook);
  • Sutton & Gates (Luton) Ltd v Boxall [1978] IRLR 486 EAT;
  • Screene v Seatwave Ltd (Unfair Dismissal : Reason for dismissal including substantial other) [2011] UKEAT 0020_11_2605;
  • Miller v Executors of John C Graham [1978];
  • Gozdzik and Scopigno v. Chlidema Carpet Co Ltd [1978];
  • Mansfield Hosiery Mills Ltd v M Bromley [1977] IRLR 301 EAT;
  • James v Waltham Cross Urban District Council [1973 ICR 398;
  • Unilever plc v The Procter & Gamble Co [2000] 1 WLR 2436.

This podcast with employment solicitor Anna Robinson from WFW discusses the role of performance management in employment law, particularly leading up to disciplinary procedures or dismissal. It examines the various tools available to employers and how they can be best deployed to ensure any dismissal is ‘fair’.

Podcast added: 16/01/2012

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