In January 2016 TWI Ltd started an informal performance
management process and set objectives for Mr Fallahi, Technology
Senior Project Leader, with targets to be measured in June and
October 2016 and January 2017. However, by May 2016, his manager
was concerned at the lack of progress being made and invited Mr
Fallahi to a capability hearing. Mr Fallahi was given a final
written warning with a three-month review period but after two
months, his manager considered that insufficient progress had been
made. Mr Fallahi went on sick leave at the end of July 2016 and,
following unsuccessful settlement negotiations, was dismissed for
poor performance in November 2016.
The EAT upheld the tribunal's decision that Mr Fallahi was
fairly dismissed on the basis that it could not look behind the
final written warning unless it was "manifestly
inappropriate". The tribunal was entitled to find that TWI had
acted fairly in applying its internal procedures, in spite of
shortening the
