Sacked Google worker wins £90,000 in unfair dismissal claim | Redmans Solicitors

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

MoJA sacked Google worker has won almost 110,000 euros (almost £90,000) in the Employment Appeals Tribunal after she was sacked by Google in 2012 over alleged concerns about her performance.

Rachel Berthold, a former senior manager at Google in Dublin, Ireland, worked for Google for a number of years before she was dismissed in 2012 after she was judged by her line manager to be under-performing in her role. After being dismissed, Ms Berthold made a claim in the Employment Appeals Tribunal for unfair dismissal, asserting that she had been procedurally and substantively dismissed by the organisation.

The case came before the Employment Appeals Tribunal last week, with Ms Berthold giving evidence that she had been treated unfairly when her competency had been ranked by her line manager at Google. She gave evidence that Google had a “unique” system of ranking the performance of its staff worldwide, with line managers having to rank staff and then fit their performance into a “bell curve” used to assess the performance of all staff. Ms Berthold claimed that the use of the bell curve to measure staff meant that a staff member always had to get a low score of 2.9 so that the staff member could be placed at the lowest point on the bell curve; the rankings of staff members would therefore be adjusted by senior managers so as to ensure conformity with the bell curve. Ms Berthold said that on the occasion that she was dismissed in 2012 she was the unfortunate staff member whose score was adjusted, and that she was dismissed as a result.

The Employment Appeals Tribunal ruled in Ms Berthold’s favour in her claim for unfair dismissal, although they dismissed a claim for failure  to pay notice pay (ruling that she had been paid in lieu of notice).  The Tribunal commented that Google had not “considered any other option than termination” and “was not satisfied that fair procedures were used.” Ms Berthold was awarded 110,000 euros for the loss of earnings that she sustained during that period.

Chris Hadrill, a specialist employment solicitor at Redmans Solicitors, commented on the case: “This case demonstrates that employers must follow a fair procedure when dismissing employees for capability reasons, with that fair procedure encompassing informing the employee if it is believed that they are underperforming, and giving them time and guidance to improve their performance. The Tribunal found in this instance that Google had not carried out those necessary steps.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.59 Average

17 Reviews

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 2 weeks ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 3 weeks ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 3 weeks ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 3 weeks ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 3 weeks ago

Anonymous

Excellent work delivered with great quality

Posted 3 weeks ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 3 weeks ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 3 weeks ago

Anonymous

Resolved my issues

Posted 3 weeks ago

Keith

Quick fast professional service.

Posted 3 weeks ago

Michael

"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 3 weeks ago

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 3 weeks ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 3 weeks ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 4 weeks ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 4 weeks ago