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  • sangie595
    sangie595 Posts: 6,092 Forumite
    I think that the problem here is that she needs to understand... It may be "unfair" to refuse to accept the mitigation, but they don't have to accept the mitigation. Being unfair isn't unlawful. I would agree with Undervalued about documenting things. But at the same time, she's going to have to be squeaky clean. It might be dreadfully unfair, but as I said, she did "underperform" by their standards. And tribunals are very loathe to get involved in such matters because it isn't their place to decide what is the "right" performance standard - that is the employers right to decide. Unfortunately there are a lot of bad employers out there, and I am afraid my advice would be just the same - try to keep the boat steady if you can. Obviously, if that isn't possible you have to decide what you are going to do about it. But employers have a lot of power and influence and its best not to have a fight if you can live without one!
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