ET3 Form Defence Against Employee Unfair Dismissal Claim (Capability Poor Performance)
Publisher one
Genie AISource file
et3_form_defence_against_employee_unfair_dismissal_claim_(capability_poor_performance)_template.docxJurisdiction
England and WalesCost
Free to useRelevant sectors
Type of legal document
📁 Capability dismissal defenceBusiness activity
Draft a defenceThe capability dismissal defence covers the legalities of an employer dismissing an employee due to their lack of capability or qualifications to do their job. This includes cases where an employee has been dismissed for not meeting the required standards, or for failing to improve their performance despite being given reasonable opportunity to do so.
In the context of UK employment law, an employee may file a claim with the Employment Tribunal (ET) if they believe that their dismissal was unfair and their capability to perform their job adequately was incorrectly assessed by their employer. This template is specifically designed to help employers respond to such claims by providing a structured framework for outlining their defence.
The template likely includes sections for the employer to fill in important information such as their identifier details (company name, address, etc.), the employee's identifying information, and the details of their employment arrangement (job position, start and end dates, etc.). It may also provide spaces for outlining the relevant facts and circumstances surrounding the dismissal, including any performance improvement plans or disciplinary actions that were taken prior to termination.
Furthermore, the template may guide the employer in articulating the specific reasons for the dismissal, demonstrating how the employee's poor performance significantly impacted their ability to carry out their duties efficiently, and justifying why the dismissal was a reasonable response in the given circumstances. It may also provide sections for documenting any corrective actions taken, such as training, feedback, or performance appraisals.
Additionally, the template may assist employers in refuting the employee's claims of unfair treatment or inadequate support during their employment, ensuring that these allegations are properly addressed and defended against. Moreover, it may include references to relevant laws, regulations, and legal precedents applicable to poor performance dismissals in the UK, bolstering the employer's argument.
Overall, the "ET3 Form Defence Against Employee Unfair Dismissal Claim (Capability Poor Performance) under UK law" template serves as a comprehensive tool that employers can utilize to structure their defence, strengthen their position, and accurately address the specific legal requirements when responding to an unfair dismissal claim based on poor performance.
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