Capability dismissal - My story

[bennh]

I was dismissed from work last week, with my employer citing capability as the reason.

 

I worked as a manager for the large, very well known company for 6 years. Until this spring/summer I had not had any absence or performance issues.

 

However, a new general manager had arrived in October 2011 and had begun to make clear who they appreciated, and who they wanted out. This involved face to face meetings - no notes taken. I was told that my management style did not fit and that I would need to make big changes if I was to stay on the team.

 

Soon after, I was advised formally that my performance would have to improve. Six weeks later I was given a written warning for poor performance.

 

This process caused me stress, and I was signed off work with anxiety and depression. I was off work for seven weeks. In that time, I requested an OH referral. I was told initially that I could not have one until I returned to work. After 4 weeks, I was told that a referral would be completed. I returned to work after 7 weeks because the company told me they would cut off my CSP.

 

The manager dealing with my case told me that she had not completed the OH referral, but would do so. After being back for 3 weeks, the OH referral was completed.

 

On returning to work, I was told that if my performance did not improve, I would be given a final written warning.

 

A month after returning, I lodged a grievance at how the OH referral had been handled. I believe that the managers involved were trying to avoid OH getting involved.

 

The OH report advised that I had an underlying ill health condition and that reasonable adjustments should be put in place.

 

Following the OH report, my manager advised me that "...I would be managed down a capability route instead of a poor performance route". Company policy states that "where the employee is unable to deliver their full roledue to an underlying ill health (UIH ) condition this should be managed via theUnderlying Ill Health policy and not performance."

 

I was told that the company had no written capability policy, but that if my performance did not improve I would be dismissed for ill health capability.

 

No timescales were discussed, but I was told that formal review meetings would be held every 4 weeks.

 

In the invitation to the first meeting, the letter included the following phrase 'the company may be unable to accommodate your continuing poor performance; that your contract of employment may therefore be terminated".

 

The main reasonable adjustments were (1) weekly one to ones with my manager to discuss my performance and my health; (2) support with training - attend a competencies workshop and complete various workbooks. In the 15 weeks, there were only 9 weekly meetings. I did not get to attend the workshop and was given no time at work to complete the workbooks.

 

The most recent formal review meeting was last week. The invitation, like the other invites included the phrase "..the company may be unable to accommodate your continuing underperformancedue to capability; your contract of employment may therefore be terminated. Weare of course keen to work with you to avoid this situation and would like todiscuss this during the meeting."

 

I did not know that my dismissal was an option at this point. I had discussed the meeting with my union rep - who was unable to attend - and was told to ask for an adjournment if things got too much. Halfway through the 7 hour meeting I asked for an adjournment so that the meeting could reconvene with my union rep in attendance, I was told that the meeting would continue either with or without me.

 

I said that I could not continue with the meeting and was told later on that the decision was to dismiss me on the grounds that the reasonable adjustments had not improved my performance to a satisfactory standard.

 

Do you think I have grounds for unfair dismissal. I have already lodged an appeal request and hope that the union will support my claim in an employment tribunal.

Edited December 20, 2012 by honeybee13
Formatting.

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear you're going through the mill.

 

The guys should be able to help you and I hope they'll be along later.

 

My best. HB

[raydetinu]

You should certainly discuss this with your union rep asap and also speak to ACAS ( They are very good with advice over the phone and can get further involved if required )