If you have reason to believe your employer is using performance management as a mechanism to unfairly or constructively dismiss you, you should seek legal advice from a specialist in employment law. Such situations are, unfortunately, not uncommon, and should be handled robustly, to protect your interests and those of others who may be treated in the same unfair manner.
What is meant by ‘performance management’?
Performance management may have both positive or negative connotations
depending on the intention behind its use.
From a positive perspective, businesses and organisations may use
performance management to encourage employees to ‘raise the bar’ – perhaps by
improving the efficiency, processes, speed, knowledge, and quality of the work
From a less positive standpoint, managers may use a strategy of placing enormous indirect pressure on individual employees with a view to forcing them to make the decision to leave. By managing performance in a way that is deliberately intended to make an employee feel undervalued and ineffective in their role, some employers believe that workers can be ‘managed out’, but they themselves will remain within the law. But by doing so, the employer may be in breach of employment law having carried out an act of constructive dismissal.
Can I bring a claim for constructive dismissal in Ireland?
Constructive dismissal is deemed to have occurred if an employee leaves
their job due to the negative conduct of their employer. Under law, for constructive dismissal to
apply, you must have had sufficient reason to terminate your contract of
employment. In other words, if you were
under reasonable pressure by your employer to meet performance requirements,
and you left as a result, this may not be grounds for constructive
Under the Unfair Dismissals Acts 1977–2015, if you do decide to bring a claim for damages due to unfair dismissal, citing unfair performance management, then you must prove your resignation was warranted. This is where Lavelle Partners employment law Solicitors can assist you. To bring a claim for unfair dismissal, you generally (but not always) need to have had at least 12 months of continuous with the employer, and your claim should be brought within 6 months of termination.
It is recommended that prior to terminating your employment, you should endeavour to use any grievance procedures or industrial relations procedures at your disposal. In many cases, taking such action can resolve the matter amicably. And before you do resign, seek the advice of an employment law Solicitor specialising in constructive dismissal to verify your rights and ensure you are doing the right thing.
How Lavelle Partners can assist you in relation to performance management matters.
- For over 30 years, our team of
employment law Solicitors, headed by Senior Partner, Marc Fitzgibbon, have been
supporting and assisting employees who have been unfairly treated during
performance management and/or constructively dismissed. Over that time, we have
developed an enviable reputation for providing legal excellence and empathetic
support for our valued clients.
is a former member of the Law Society of Ireland’s Employment & Equality
Law Committee and the European Employment Lawyers Association.
understand the emotional impact of uncertainty in relation to unfair
performance management and constructive dismissal and will handle your case
with the utmost empathy and determination to defend your rights.
the first moment you speak to one of our employment law Solicitors, we will
listen to your case carefully and with the greatest of empathy. Furthermore, we understand that
discrimination matters need to be managed with the utmost confidentiality.
Our partnership with Talbot Pierce.
work with Talbot Pierce to provide a seamless service in respect of Human
Resource Management. Talbot Pierce are a
team of specialist HR professionals who work with us on a range of matters
including advice on and delivery of conflict/dispute resolution solutions,
best-practice HR strategies, policies and procedures.
information on workplace performance management in Ireland, please contact
Lavelle Partners in confidence on (01) 644 5800.