Hi All

I am looking for some advice as to what my rights are in relation to an issue in my workplace.

I returned to work on Monday after almost 3 weeks off sick as advised by my GP. On Monday morning my manager called me into a meeting and advised me that in his opinion I have been under performing and that she was making this formal, She advised she was going to meet with me on a weekly basis for 10 weeks to review my performance and if she deemed my performance not to have improved sufficiently then this could lead to my dismissal at the end of the 10 week period.

She detailed three issues, which she stated in themselves were minor but together she viewed as a problem. She . did state she does not have a problem in that I do work hard and that i am am not a clock watcher but the problem is in my managing my workload. My workload has considerably increased over the last 6-8 months and I never complain but accept the additional work but I feel that in doing this in has become nigh on impossible to complete all my tasks in a working week - she disputes this and claims in her opinion the work can be managed within the timescales.

I did express that I felt she was being unfair as she is quick to be critical but quickly passes anything i have done well or completed jobs which are not within my job description.

I won't go into detail but the issues appear to have been searched out for the purpose of the meeting. If anything goes wrong in the organisation it is my fault as i should have used my initiative or there is a need for improvement in my time management. The more i do the more they want from me.

I suppose i am looking to ascertain if correct procedure was followed. I was not advised prior to the meeting what it was about and neither was I asked if I wanted someone to accompany me - I actually feel this is a response to me being off sick opposed to my standard of work.

Thanks in advance for any advice.

Squeeky,

Your manager has the right to do what she has done and you do not have any right of having someone in the meeting with you at this stage.

Whether this is really about your sick leave does not actually matter, technically she is entitled to monitor your performance.

As a lay person, the way I see this you have two choices:

1) Stop doing anything outside of your duties and concentrate on what you are supposed to be doing. Co-operate with this process and there is a good chance you will keep your job and there will be nothing more about this after the 10 weeks. She has already indicated she knows you work hard, my guess is she just wants to get you to concentrate on the tasks that are within your responsibility.

2) Be as** about it, continue to point out her faults as you see them, fight her every step of the way and sure as eggs are eggs you will be managed out of a job.

Is up to you.

DJ

Hello

How long have you worked there for?

Was any formal first stage warning issued at the meeting?

Has any training or assistance been offered?

seems reasonable to me what she has done, just make sure that the work you have to do is done and if it cant be done on time for whatever reason make sure she is aware of the reasons why and ask for help or training if you need it, time or work management is difficult for a lot of people and they tend to get bogged down in things that really could be done in a more simple and strightforward way probably means that you are a stickler for details which is good but slows you up a bit.

Indeed how long have you worked there. Make sure if you don't have your weekly review you make a note. I am sure emmzzi will be along to give you some help

Thank you for the responses so far.

I have worked there for 20 months and no there was no first stage warning. I was called into a meeting and advised I was under performing. The result of this was 10 meetings to be held weekly with my manager and if he considered I had not improved to his satisfaction, I would be out of a job.

I admit I am a perfectionist. I rely on other people to provide information to enable me to do my work which is not always forthcoming and I spend significant time chasing them up and correcting errors as well as supporting people to ensure they fully understand. I am probably overly helpful to staff, which obviously impacts on my time but i am just told that a good worker in my position would be a good manager without being a manager and if staff are not responding to my request then I am not fulfilling my role properly.

Some things have come to light this week that i have been set up to some extent and I can only surmise this is due to my sickness.

I just have to accept my fate, attempt to prove that I am more than capable but I am unsure if whatever i do there will be a negative consequence.

I have received a note in of my meeting in the form of a formal letter with no opportunity to amend if I disagree with any of the content which does feel a tad unfair.

Thanks again

I would suggest you ask to meet with your boss and ask for a detailed job description and a request for training that would help you to perform better. Unfortunately, time off sick is seen negatively in many workplaces, so they might well have your name marked. So co-operate as much as you can, even if it means working late or through your lunch break, until the 10 weeks are up.

You need a copy of the disciplinary procedures (may also be called capability or performance improvement). No first warning is very unusual unless you are on probation. also asking for a copy will flag up that you know they are being a bit dodgey.

Please report back when you have a copy.

Hi

Thanks again for your advice, much appreciated.

I got a copy of the disciplinary procedures which does include performance management and having read this, they have not followed their own policy. Within the policy it states that where an informal discussion takes place then I don't need to be advised prior to the discussion or be accompanied but once it is formal, as I was advised, then the organisation would write to me to detail the issues surrounding my performance and I would be invited to a formal meeting to state my defence and I have the right to be accompanied by a Union member, a colleague or a friend.

It also states where there are issues in relation to performance a verbal warning would be issued in the first instance, again this has not happened.

Staff have repeatedly said to me this week they are glad to have me back as it has been disorganised chaos wiithout me there, My role involves me working in almost every aspect of the organisation to some extent and in attempting to catch up this week I have spent considerable time correcting other peoples errors and straightening all the records - i really feel this has been a knee jerk reaction as a consequence of having to manage everything i do in my absence but I have to give my manager the benefit of the doubt and follow the process.

Can anyone advise if I should have had prior written notification detailing how they considered me to be under performing and what the issues were. Also should I have been afforded the opportunity to have someone accompany me?

Having read the disciplinary procedures, under performing is contained within this as a disciplinary matter and as I was advised my job with the organisation was at risk if in the manager's opinion I did not improve sufficiently at the end of the 10 week period?

I am more annoyed now as a different manager advised me that they saw this manager do something that I am now being disciplined for? I did query it at the time as I knew what I was being accused of was not a result of my actions but I was told it was my job to put it right - so a manager can make a mess of something but I am being held responsible for it - how does this seem fair??

It is clear they haven't followed their procedure. the question is do you alert them to this now or do you stick to the action plan and ride it out. Me, I'd keep it in the bag for later so they couldn't fix it now.

Someone else doing stuff wrong is never an excuse for you doing stuff wrong so let that go. You are not ten.... just follow the procedures.

Thanks Emmzi for your response. Do i just go along with the process and then appeal the decision if it leads to dismissal as they have not followed their own procedures? If I am not dismissed, do I raise a grievance?

I want to ride out the process to redeem myself. I have not gone into detail but part of the issue was in that I was being told to do work outwith my job description that had health and safety implications, in addition to being instructed to follow management instructions in handling highly confidential information that could impact on the security of the said information and would breach our contractual obligations. I was requested to undertake these tasks verbally and wanted it put in writing to reflect that it was a management request and not something i just did off my own back - i learned the hard way as I was previously told to do something by this manager and another one that I was not comfortable with and advised them as such and was told I was there to do as they told me and not question the consequences - I did what was asked of me and when it was found out they denied the whole conversation. I didn't get the request in writing then I went off sick to come back to being disciplined for my performance.

I suppose it doesn't matter whether i think it is fair or unfair but I want to redeem myself and then find another job.

Ok a little update....

I was waiting for the agreement of my notes in comparison to my managers has a lot of the content was missing. I took it upon myself to remind him (diplomatically) that i should have been given the opportunity to submit my version of the meetings. He actually agreed the content of mine was more accurate so no problem with that.

My confusion is in that the notes clearly state it is a formal process which could lead to my dismissal. In addition I have e-mail evidence of which he forwarded to me for response from other managers, clearly stating it is a formal process and the end result could lead to dismissal.

There is arguement that the investigatory part is where he went 'searching' for errors in my absence and advised me in view of this he was making the process formal. By the way the errors are not in my day to day work but for something that is outwith my control i.e I re-organised something that restricted access and another manager decided to block access by 'throwing boxes and stuff there restricting access again. A complaint was made and as they deemed it my responsibility so therefore something should have been done about it. I do not know when the access was blocked and as i was sick, how was i supposed to know and do anything about it?

My question is that as it has been deemed a formal process and therefore a disciplinary, should I not have been advised in writing prior to the meeting, which i was just called into? No opportunity to be represented.

There are other factors involved external to my sickness absence which i cannot go into detail about which I brought to the managers attention to work together to resolve. I was advised legally to whistleblow but no i went against that advice due to the implications on the organisation and it has backfired on me.

Ta muchly for any advice or even if you want to comment as 'devils advocate'

Hi All

I have been with my employer for all almost two years and about nine months ago I pretty much knew that the Company was in a mess and went to speak to the senior manager to raise this with him, these included

He obviously knew nothing about statutory law as he flouted these at his pleasure

There was a total disregard for ALL regulatory bodies, there were policies in place but that is where it ended

As i received no induction, a welcome to the organisation, that's it I was left to fend for myself without any support whatsoever.

Shortly after I spoke to the senior manager, he started a campaign of harassment and victimisation which included blaming me for anything and everything, even others peoples mistakes. It eventually resulted in performance improvement for extremely trivial things and then the harassment continued whereby three managers ganged up on me. I tried to keep my head down and get on with my work but they would obstruct me constantly, then demand to know how I had not met a deadline.

Anyway it all got on top of me I raised a grievance as a protected disclosure, subsequently got signed of sick with work related stress but asked for the grievance to go ahead.

I am covered under the DDA but they have failed to even recognise this and it's a case of carry on regardless.

I suspect once I submit my questions, they will cancel the grievance meeting as to respond would seriously implicate them.

What are my options then?

Thanks

Hello Sqeeky.

Threads merged, please continue to post on this one.

HB

Hi Squeeky,

What do you actually want to happen?

Right now, it sounds like you are following a "shotgun" approach where you throw every criticism you can think of at the employer. This is a good way to get dismissed because you are maximising the conflict. Do be sure to focus on what the issues are. It sounds like the employer is taking action due to a performance issue - I don't know what that issue is or whether there is any justification for the disciplinary, but if you want to keep your job it would be a good idea to address the perceived issue rather than just throwing accusations at your manager.

You have been hauled in to a disciplinary hearing. Your manager said in so many words that it was formal.

You quite rightly say that this is a total disregard of the disciplinary procedure. You should have been forewarned of the purpose of the meeting and you should have had the opportunity to have someone of your choosing with you. Already a breack of contract.

You should now follow the grievance procedure stating your complaints, insisting that the reasons for the action being taken against you be given to you in writing, the progress expected each week, and what training is offered where training may be necessary.

You could also insist that more than one person have an input in assessing your progress.

Delay would serve no purpose, the sooner this vile person realises that she has met her match in you, that in picking on you she picked on the wrong 'un, the sooner your life will return to something resembling normality. Your silence now could later on be construed as acceptance of the accusations flung at you.

If the worst came to the worst and you might need to claim constructive dismissal failing to protest this treatment for 10 weeks could be construed as acceptance of it.

Thank you steampowered and skinnered.

I apologise I probably didn't go about raising this the right way and it got confusing.

For clarification when I started the job, I received NO induction, I had to identify what i should be doing and when I asked for guidance i was told to do what I was being paid for. Throughout the course of my employment, when our contractors asked for information, I would be asked where it was but how could I be expected to know something if I had not been advised of its existence, but no I was told I should have used my initiative,

About September last year, using my own initiative and not within my job role, I started looking at the lack of policies and procedures throughout the organisation and it was disturbing what came to light. Polices had not been updated for 5 years and in effect were illegal but the boss was still applying them, you name it there was total disregard and he ignored what was there and just did whatever he felt like, I attempted to bring it to his attention but his response was that he blamed me for not doing my job and that was the start of a harassment campaign, he could only ever throw trivial accusations at me and even accredited a lot of my work to another manager in reporting to the Board. Each time I brought this to his attention he would become aggressive and threatening in nature.

It came to a head in January when I advised him that there we were placing the organisation at high risk due to the sensitivity of the information we deal with as no-one knew what was expected of them and therefore had adopted their own practices, He hit the roof, started shouting at me and blamed me. I was signed of sick for two weeks and on my return staff welcomed me back as the organisation was disorganised chaos in my absence. I was hauled into a sham performance improvement, an untidy drawer and cupboard, yes it really was!

Anyway at the next meeting he gave me a low score on my work but could not substantiate his scoring even after I repeatedly asked him, the fool even agreed to my minute of the meeting, which got him hook line and sinker and I immediately raised a grievance with the Board.

My problem is that the solicitor I took advise from told me to go straight to our contractors and all the regulatory bodies and report him as I had sufficient evidence against him. The problem was that I couldn't do this, the organisation would probably have their contract pulled and therefore be closed affecting the people we support so I opted for a grievance as a protected disclosure.

I am still waiting for my grievance to be progressed ...I don't doubt he has dragged my name through the mud in my absence and I have accepted I will probably never return to work, there are only two options as far as I can see it. He is sacked and i return to work or he stays and i take it to an employment tribunal for constructive dismissal.

I really don't care any more if they identify me from this post, they have pushed me well past my limitations.

BTW I am not a manager, a mere ordinary worker that attempted to right wrongs and I am being punished for it.

Apologies for the long post.

If your company has a grievance procedure, even if it has not, there is a reasonable period by which you should get a response to your grievance, even if it is to let you know that they are dealing with it.

Apart from chasing then to respond to your grievance there isn't much more you can do for the moment. You are following the right procedures, they do not appear to be.

Could be your action has got them rattled and they are consulting on how to react.

In any event there is no need to keep apologising, you are fighting for your job and your rights in that job. Being polite and accommodating when dealing with people such as you describe can be construed as a weakness and is apt to be exploited and lead to further bullying.

Bullies become bullies to hide their own inadequacies and they tend to crumble when someone stands up to them.

Hello Squeaky,

What were the reasons for the grievance?

Where do I start foodandbeverage

Bullying and Harassment by Senior manager

Failure to undertake risk assessment at commencement of employment

failure to provide any induction and training,

failure in their duty of care,

failure to respond to a request for reasonable adjustments

failure to follow Company policies and procedures

Disability discrimination

Removal of statutory rights

Fraud - forged my signature for the purpose to use against me

That is just to start with. Still waiting on grievance being heard three weeks later, signed off sick as cannot work with manager again but again they failed to address how I could return to work, even after I requested an OH assessment, which they failed to do to facilitate a return to work - and yes I can prove everything, not daft enough to walk into a grievance without evidence.

Hi Folks back again

OK so I have now had my grievance hearing, which in my opinion was a bit of a sham, in that they were attempting to find out what i could evidence. They refused point blank to answer any of my questions which were all relevant to my complaint, refused a reasonable adjustment relevant to my disability, in fact in doing so it is highly detrimental to my health.

I have some pretty damning evidence against them and I know they are only interested in covering their tracks.

Does anyone know if they can refuse to respond to my questions, is this really fair?

Thanks

The company does not need to answer your questions as the meeting was to understand your side of the story, investigate the other parties and then provide an outcome.

I expect that the issues you mentioned earlier were stated in your grievance letter and you had provided instances when these occurred (either in the letter of during the meeting)? Did you state either in the letter or the meeting what outcome you were after?

It is important to note that any issues that are not stated in your grievance letter, the company may refuse to discuss these as they are not relevant - if they were you would have included then in your letter.

Therefore you should wait for the outcome. If you decide to appeal, do not take this opportunity to vent but remain focused on the outcome.

Well if they are stonewalling you to the extent you put forward you could always serve them the "equality act questionnaire" - google it

They should at some point respond to any points you raise. They can say certain points are not relevant, don't have a case to answer, or don't merit further investigation. They do however need to address the points in order for the investigation to be fair as a sure sign of a flawed or biased investigation is one where the points raised aren't addressed. If this does progress to a claim or anything like that it will count in your favour if the employer is being evasive or refusing to address certain points.