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mohammed mashedi
Member - 1 post
I had a telesales person start on 08.04.08 and we let him go on 26.06.08 so within probation period of 6 months. The reason for termination was poor performance and constantly not hitting targets. During his time with us we constantly coached to try and improve his performance and did warn him if his performance didnt get better we would have to let him go. Now he has sent a letter stating he feels we terminated his contract because he is black african carribean and he can provide evidence. This i feel is garbage, it was never an issue, he never mentioned anything like this whilst employed and furthermore we have a multicultural workforce. What should i do now.
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Jayn Bond - Workplace Law Network
Online advisor - 87 posts
Hi Mohammed
I understand that you are frustrated with this action, but it is not uncommon. As the telesales person does not have 12 months service, then the only possible action is a discrimination claim. The most important issue is that you must now treat this as a grievance and respond accordingly. You need to ask him if he wishes to attend a meeting to discuss the issue, or if he wants to use the modified grievance procedure which means that he does not attend a meeting. Whatever he chooses to do, he needs to tell you why he considers race was the reason for his dismissal. If he does not want to come to the meeting, then he can submit his evidence in writing. You then need to investigate his allegations and then respond with your findings. In that response you will tell him whether or not you uphold his grievance and the reasons for that decision. Any written evidence you have in respect of his failure to meet standards and targets , and the times he was spoken to about this, will be very useful at this point. If he comes in for a grievance meeting then he is entitled to be accompanied by a work colleague or a TU official. Also he would have the right to appeal. If he decides not to come into the meeting, then there is no right of appeal.
Once you have gone through the grievance procedure (which you must do within 28 days of his letter) then he may still lodge an employment tribunal claim. You will need to prove at tribunal that you did not discriminate against him rather than him proving you did. So any written evidence you have that shows this was all about his poor performance and inability to hit targets is very important. The fact that you have a multi cultural workforce helps but does not mean that you did not discriminate against him as an individual. I hope this helps
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