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More power to Sanju! Up or Out creates constant anxiety and a feeling of insecurity to people who genuinely have excellent feedback and performance

likeuplifting

I’m actually very pleased with the outcome, I was rooting for her.

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Yes, me too, she was totally hard done by.

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Reading the judgment, isn’t this potentially huge?

“Ms Pal argued that this model [up or out] is unfair in law on the basis that the Employment Rights Act 1996 only permits dismissal relating to underperformance in the position the employee held, not on the basis that an employer thinks an employee is not capable for the job at the next level up.

Upholding this ground of appeal, the EAT confirmed that an employee can only be dismissed for capability relating to “the work of the kind which he was employed by the employer to do” and that this is to be assessed on the basis of the work required under the contract of employment. This meant that Ms Pal’s dismissal under the progression-based model may not be a potentially fair reason under the heading of ‘capability’.”

It upheld the appeal because she was fired for not being good enough for a role not in her contract.

Isn’t that the end of up or out?

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A2, thank you for the explanation that makes a lot of sense and sounds like there real material impact to future cases

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I see she is crowdfunding to pay legal fees. £35K. Please join a union who provide funding for cases like this and also make sure you have legal cover on your house insurance.

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They fucked about and found out :)

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It names 4 senior people. She was dismissed using the incorrect procedures. The panel has to be people who have not been prev involved in the person's feedback etc and did not refer her to occupational health. I'm very surprised by what I'm reading!!!

likeuplifting

In the actual published document. Its on the lawyer site or just Google it

S&C has to be best and brightest. The judgment probably means now we’ll find a strategy to move people out of S&C (if they are not good enough) and into other areas and in turn manage them out (pip and removal)

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I agree, I think Accenture would want to keep the up or out model and just find loopholes to make it happen.

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Noticed today a named individual in this judgement sent out an email about nominating superstars today. If you co-pilot the full judgement you'll become a full cynic like myself.

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