Disciplinary process advancing without following PIP

RandomCake

Hi all,

I am having some trouble at work, a few months ago I made a mistake that was considered serious enough to be given a formal warning for.
As part of the process a Performance Improvement Plan was drawn up, with monthly reviews to help ensure that, well, Performance Improved!
But only the first review was actually carried out, and now a few months later I've slipped up again, and the employer wants to hold a Disciplinary Meeting with a view to giving me a first written warning!
Can they do this when they've failed to follow through with their own PIP?
I know that failure for them to follow their own Disciplinary process is considered breach of contract, but not sure how this falls into it.

Thanks in advance.

Emmzi

related ir unrealted slip up? and did it cost them money time or customers?

LadyMissA

RandomCake wrote: »

Hi all,

I am having some trouble at work, a few months ago I made a mistake that was considered serious enough to be given a formal warning for.
As part of the process a Performance Improvement Plan was drawn up, with monthly reviews to help ensure that, well, Performance Improved!
But only the first review was actually carried out, and now a few months later I've slipped up again, and the employer wants to hold a Disciplinary Meeting with a view to giving me a first written warning!
Can they do this when they've failed to follow through with their own PIP?
I know that failure for them to follow their own Disciplinary process is considered breach of contract, but not sure how this falls into it.

Thanks in advance.

if you are meant to be under review and you haven't been because they have forgotten then bring this up in the meeting

RandomCake

Emmzi wrote: »

related ir unrealted slip up? and did it cost them money time or customers?

Both were classed as "failure to follow company processes", but they were not the same process, but related processes.

I plan on raising it, but what I really wanted to know is if failure to follow through on what the employer claimed they would do to help improve the situation at the previous stage is a violation of their obligations under employment law (failing to follow the process its self is a 'breach of contract' according to Direct.Gov)

Jarndyce

These procedures would not be contractual - they have not therefore breached your contract.

You can raise them as part of your meeting, but don't hang a breach of contract claim on it!

Bobl

You are on a PIP to help you to improve your performance, that is still the case. However you have now committed a separate breach which will be dealt with via the disciplinary process. Whilst the two are unrelated, they may take both into account when deciding whether they keep you on or not. Rather than trying to find a way to 'get them', try apologising and actually improving your performance if you want to keep the job.

dickydonkin

RandomCake wrote: »

Both were classed as "failure to follow company processes", but they were not the same process, but related processes.

I plan on raising it, but what I really wanted to know is if failure to follow through on what the employer claimed they would do to help improve the situation at the previous stage is a violation of their obligations under employment law (failing to follow the process its self is a 'breach of contract' according to Direct.Gov)

Although two wrongs don't make a right - just mention that the company can hardly discipline you for failing to adhere to company policies and procedures - when they cannot even adhere to them!

Are there training issues where you work?

Jarndyce

dickydonkin wrote: »

Although two wrongs don't make a right - just mention that the company can hardly discipline you for failing to adhere to company policies and procedures - when they cannot even adhere to them!

Yes that's great advice - and likely to get the OP sacked on the spot for insubordination.

Emmzi

you haven't actually answered whether either incident cost them time money or customers. Hard to offer an opinion without an idea of the severity.

saintjammyswine

Devil's Advocate a little but are you in the right job/company? Serious question, not an invitation for abuse.

RandomCake

Any mistake will cost some time, but the time it's cost is tiny (a few minutes), no actual money. No customers would have noticed, the person
Training issues? There is next to no formal training, it's all forwarded emails, standing over someone's shoulder.

I think that dickydonkin isn't far wrong, it is the issue is in the same area, and the PIP reviews may well have helped to avoid the second mistake being made.
http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Disciplinaryprocedures/DG_10028111
Says:

"Your employer can also set out their own disciplinary procedures in your employment contract. If your employer has done this and did not follow it, you could sue them for breach of contract."

My main question really is, does following through on the plans they make as part of their process, which is part of their contract, by extension, make failure to follow through on the Improvement Plan constitute a breach of contract?