Misconduct – Performance Management
“They have a thorough understanding of what is going on and are able to predict the actions of the opposition. Thus your next step takes this into account which gives you major benefits”
Legal 500 UK 2022
If your employer wishes to manage concerns of misconduct or poor performance with you, it should do so fairly, following a proper process and ensuring you are treated with parity with other employees.
We understand how stressful it is to be subject to a disciplinary or performance management process, and we have the expertise to support you through that process. We will get into the detail with you to ensure you are putting your best foot forward, and depending on the outcome you want, we will apply the right pressures on your employer to either ensure your on-going employment and rebuilding of the employment relationship, or to negotiate an exit on terms which are favourable financially and which also preserve your reputation.
We are alive to regulatory or criminal issues that can arise in these circumstances, and regularly work alongside regulatory and/or criminal law specialists as appropriate.
If you are subject to a disciplinary or performance management process do get in touch – making the right representations at the right time can make all the difference in ensuring you get the right outcome and so, particularly if you wish to remain with your employer, we would recommend taking advice at an early stage.
Examples of our work:
- Acting for the CEO of a rapidly growing global carbon ratings company. Our client required urgent advice following her sudden suspension, and we assisted her in successfully defending allegations of gross misconduct and asserting claims for sex discrimination, equal pay and victimisation. A substantial severance package was agreed including negotiating on complex EMI options worth over £1M.
- Acting for an executive dean of a university defending allegations of unprofessional and unethical behaviour in relation to a romantic relationship at work, and of inappropriate use of the company credit card. Our client was also suffering from substantial anxiety and depression. We advised our client to raise a grievance, assert her rights as a disabled employee, and to make a whistleblowing disclosure. A substantial six figure severance was achieved.
- Acting for VP of global finance at an international cosmetics company in defending allegations of sexual harassment. We successfully resisting knee jerk disciplinary proceedings threatened by the Company and secured our client’s on-going employment.
- Acting for a senior sales person at an international investment bank in relation to claims for direct disability discrimination, discrimination arising from disability and failure to make reasonable adjustments, arising from a sham performance management process initiated against them in the context of a leg injury which had led to a significant amount of sickness absence, high levels of on-going pain and an on-going treatment plan which restricted ability to network with new clients and required flexibility around working hours and working from home. We were successful in preventing our client’s dismissal and ensuring they retained their valuable PPI cover.
- Acting for the partner in global consultancy business facing allegations of gross misconduct arising from anonymous claims of sexual harassment arising from consensual incident at international conference. Secured appropriate severance terms with preservation of external industry reputation.
- Acting for senior executive in investment bank in connection with disciplinary proceedings brought against her for undisclosed personal relationship at work and issues arising on the breakdown of the relationship. Avoided any disciplinary sanction and preserved FCA regulatory reference under threat by internal proceedings.
- Businesses – Overview
- Restrictive Covenants, Confidential Information and Team Moves
- Misconduct, Poor Performance and Grievances
- Capability Dismissals and Disability Discrimination
- Restructures, Re-organisations, Acquisitions and Sales
- Partnership Disputes and LLPs
- Wider Employment Issues