Breech of contract?????

marybelle01

prowla wrote: »

Is quality of work a disciplinry matter?

Legally, yes. In the final analysis it becomes a dismissal for "a reason related to an employee's capability or qualifications for the job", which is one of the five legally fair grounds for dismissal.

mynameistallulah

Sugarbee1984 wrote: »

Can I point out I can looking for a way out for working for this company I do not wish to take them to court!!!

The disciplinary procedure is part of our contract.

I have appealed the outcome. I was total unaware I had been invited to a disciplinary hearing as I've said was in invited to Invitation to performance review. It was only after when I received a letter telling me it was a disciplinary hearing that I was aware of this.

If you want to leave, why not simply resign?

If you did want to stay, the warning you have been given is a second chance for you, you still have a job. If you appeal you may well mark yourself out as a troublemaker, and the easiest way to get rid of a troublemaker is to dismiss you.

getmore4less

I think what you need to focus on is the steps needed to fix the problem.

which should be identified in the warning

What are the current/past level of errors and why are they unacceptable
What is an acceptable level of errors(targets)

What training is needed
When will that training happen

How is acuracy going to be measured and reported.

What time scales for the next review.


OK what is not clear is why are you making thse errors?
you can't fix the problem if you don't know why it is happening

Is it wrong information you are given
If not sure of something are you asking clarifying or guessing.
other.

Raksha

Can I give my experience?

I too was invited to a Performance Review. I was asked how I felt I'd been doing. I knew I'd been making mistakes, and I'd been working hard on improving them (the company training was total carp - I'd be shown once how to do something and expected to be able to do it - and I'm talking about tasks using software I'd never used before), as fewer mistakes had been flagged up to me, I felt I'd been successful. It turned out the Director had kept a list of my mistakes which he then showed me. At that point he terminated my contract.

I so wish I'd had the chance to resign as I now either have to gloss over the 3 months I spent there, or be 100% honest on my CV and say why the job didn't last.

Acc72

getmore4less wrote: »

I think what you need to focus on is the steps needed to fix the problem.

which should be identified in the warning

What are the current/past level of errors and why are they unacceptable
What is an acceptable level of errors(targets)

What training is needed
When will that training happen

How is acuracy going to be measured and reported.

What time scales for the next review.


OK what is not clear is why are you making thse errors?
you can't fix the problem if you don't know why it is happening

Is it wrong information you are given
If not sure of something are you asking clarifying or guessing.
other.

OP - the above is great advice.

You need to focus on improving your performance, and also be seen by your employer to be focusing on improving performance.

i.e. do you need additional training or support ? - if so, ask for it (send an e-mail).

Ask for a weekly review with your manager to go through your performance etc. etc.

Look at making the improvements and getting through the next 2 months (after 12 months service you will have more employment protection).

By focusing on what you feel they have done wrong is the wrong tactic for somebody with 10 months service.

As has already been said, if they wanted to get rid of you they could easily do so.

McKneff

Raksha wrote: »

Can I give my experience?

I too was invited to a Performance Review. I was asked how I felt I'd been doing. I knew I'd been making mistakes, and I'd been working hard on improving them (the company training was total carp - I'd be shown once how to do something and expected to be able to do it - and I'm talking about tasks using software I'd never used before), as fewer mistakes had been flagged up to me, I felt I'd been successful. It turned out the Director had kept a list of my mistakes which he then showed me. At that point he terminated my contract.

I so wish I'd had the chance to resign as I now either have to gloss over the 3 months I spent there, or be 100% honest on my CV and say why the job didn't last.

I dont understand this, why wouldnt you have the chance to resign, you could have just resigned, chance doesnt come into it. You chose to stay surely

emsywoo123

McKneff wrote: »

I dont understand this, why wouldnt you have the chance to resign, you could have just resigned, chance doesnt come into it. You chose to stay surely

I think the Raksha wanted their employer to say "I'm about to give you the boot do you want to walk first?"

OP: you are getting good advice as always on this forum. I really am not a spelling/grammar police person, I have been here years and I do not think I have ever said anything about it.

However, please reduce the number of exclamation marks!!!!!!!!!!!!! Also, the question marks please?????????

I am finding it really distracting on this thread, I don't know why. I tend to find the point you are making is lost in all the duplicates, it loses effect.

*goes back Victor Meldrew style to sofa.*

thegirlintheattic

marybelle01 wrote: »

The two are the same thing in essence - a performance review is a warning that your perfromance is unacceptable. The letter told you very clearly that a disciplinary warning could be the outcome.

Depends on the job. In my job a performance review is a yearly thing that everyone has.

OP I wouldn't kick up a fuss, take the warning and focus on doing your job properly.

marybelle01

thegirlintheattic wrote: »

Depends on the job. In my job a performance review is a yearly thing that everyone has.

OP I wouldn't kick up a fuss, take the warning and focus on doing your job properly.

Actually, in mine too. I just didn't want to start confusing the OP more than she was. If the employer calls it a performance review then it's a performance review - and they do because she quoted it in the letter. Where I work it's called a capability process. But semantics don't really matter because it was clear what it was from the employers letter - a meeting to discuss their dissatisfaction with her eprfromance the outcoome of which could be (and was) a disciplinary sanction.

DVardysShadow

marybelle01 wrote: »

The two are the same thing in essence - a performance review is a warning that your perfromance is unacceptable.

I thoroughly disagree. Depending on the organisation, everyone might have their performance reviewed.

I think that the real issue here is that OP was invited to a performance review - with indications that a disciplinary could follow. So, it is not unreasonable to consider that this could be the investigation phase.

But where it goes wrong is that OP did not have evidence presented for a separate disciplinary phase.