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Misused of Company Capability Procuedure & Raising a Grievance


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Hi there,I was off work for 5 months with stress and severe depression. At the start of the sickness I was sent two letters one inviting me to a stage 2 meeting under the sickness absence policy and the second stating that upon my return they would be inviting me to a formal stage 2 capability meeting under the capability policy.The union wrote to my management and said that I felt bullied by this and that they shouldn't be dealing with me under two different policies. They then put the capability process on hold until my successful return. I returned earlier this year (Jan 2013) with a phased return in place, alternative temporary line management, counselling provided by the organisation and a risk assessement to be completed.I am now back at work full time and my phased return has now ended. They have now written to me inviting me to a formal stage 2 capability meeting. When I had my last meeting with my union rep and mangement, the union rep requested that they provided evidence as to the capability. The capability evidence they have provided is poor and I have challenged them to review their decision to hold it as I believe it is misuse of the capability policy. The main points being:- 2 of the 4 points have been added retrospectively since my return (they cannot add new points that are being raised for the first time)- 1 of the points relates what they deem as poor work, although I have evidence that it went through the formal sign off processesIn essence I have managed to pick holes in all their evidence. So it is my belief that this is evidence that my management is trying to "manage me out" of the organisation.I am quite sure the capability will not hold out or even take place. However in response I want to take out a grievance for misuse of the capability policy and for causing additional work related stress. Does anyone have suggestions for a letter that I could use on this basis?Any help gratefully received.Thanks

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I don't think it is mis-use.

 

There is a hearing. You say your side. It gets dismissed. That's it.

 

If you want to claim bullying you will need stronger evidence than this.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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If you have the right to appeal this stage then do so, if not grievance them as an appeal but i'm my experience adding more is fair as this is about you fulfilling your contract and unless your policy is specific that you cannot add more i can't see why they couldn't for legitimate concerns.

 

Do you have the verbatim reasons for improvement, if not get them as you will need to show you are performing to the required standard, how do you improve if the instructions re not clear? (if the issues are technical enough to warrant clarity that is)

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