dismissed from my job for poor performance

rdc2007

Basically I've been with the same employer for five years, and two years ago I switched roles within the company, to a different job.
About a year ago my manager started saying he was unhappy with my performance. Until that point everything had been fine. He began putting targets in place which I found impossible to keep. The thing about this that I find unfair, is that no one else was given targets (about 30 people in the company do the same job I do) and even though their performance fell well below the targets I was expected to meet, no issues were raised with them.
My job entails carrying out fairly routine technical operations on web servers. It is fairly simple but there is a LOT of them. Anyone can see the work that we carry out, and it is obvious that no-one has a completely perfect record of carrying out all the routines, day after day, without ever slipping up, missing one or doing it slightly wrong.
However the only target I was given for improvement was that every single operation had to be carried out, entirely correctly, 100 per cent of the time.
Basically, over the last year (the first year in the role I had no issues) every single slight oversight I have made has been catalogued, then used as evidence to call me to a "capability hearing", leading first to a written warning, then a final warning, and now dismissal.
At each stage of the process I was told that the only acceptable standard was 100 per cent accuracy. I then underwent a review period of a month, managing somehow to make it through without a single error, or slip up. I was then told I had improved and to keep it up, but then moved onto the next stage of the procedure as soon as another error inevitably occurred.
The other problem was that muddled up with these, I would also be presented at each hearing with a short list of what I consider very minor discipline violations - things like being three minutes late at my desk, or taking 5 minutes over my lunch break.
I have to stress that these were VERY occasional, and minor.
Now, I don't see how these relate to my "capability".
From research I have done (on ACAS website and other places) a dismissal on "capability" grounds has nothing to do with misconduct or discipline, and should be dealt with by a separate process.
Issues such as timekeeping are clearly disciplinary issues, and in my case it can clearly be seen that occasions where I have been late have never made any difference to whether or not I have done my job.
So why are these issues being raised as evidence of my "capability" when it seems they should be dealt with through a "disciplinary or misconduct" proceeding?
(I doubt very much the isolated incidents which COULD be put down as misconduct could ever amount to gross misconduct, so I don't think my employer would be able to change their position to "Ok, we'll fire you for misconduct instead of capability" -bearing in mind I have never been given a first or final warning for misconduct).
I have an appeal coming up - I would very much like to be given my job back and be given realistic targets to meet, and would be happy to accept a first written warning for the instances of timekeeping, if they thought it necessary.
Just interested in hearing what people with experience of employers/ disciplinary/capability proceedings thought about my case.
I strongly feel I've been treated unfairly and can show it (I was also refused permission to hear precise evidence of violations I was accused of, or see written evidence, ahead of the hearing, which seems to be a fairly straight-up breach of ACAS disciplinary guidelines).
Would I be better off going into my appeal all-guns-blazing and ready to scare them into realising they will have a losing fight at a tribunal on their hands if they don't accept all my demands?
Or would I be better of going cap-in-hand and grovelling for one last chance (I don't mind swallowing my pride somewhat if it means I get my job back). That SEEMS the more sensible option, given that in the appeal meeting it is possible I will be dealing with egos, rather than people who are willing to take a reasoned look at the situation and consider the legal ramifications.
But I don't want to miss out entirely on the chance to make them see I have a a solid case, by being completely apologetic and grovelling.
Sorry for the long post, interested in any opinions!

Squoozy

I am sorry that you have had these difficulties, it must be so stressful. I don't have any experience of disciplinary hearings, but my advice would be to seek advice from someone who knows what they are talking about, possibly the union if you are a mmber or perhaps the Citizen's Advice Bureau, who can be very helpful in these sort of situations. I would try, if you can, to be very polite but firm. Try to state your case clearly and calmly, perhaps write down what you think are the main issues before you go in, and show that you are listening to what they say whilst putting your case. Don't get pulled into an argument, and don't get involved in comparing yourself to other employees. If you can show that you are willing to listen and eager to work I would hope they might offer you your job back, but please do take proper advice about this. I hope this helps a bit.

Peanutmac30

First question: Have you ever put in a complaint about your manager and the unfair treatment you feel you have received? If not, I suggest it may be wise to write a formal letter of grievance, which your employer will have to deal with as a separate issue to your capability dismissal.

With regards to your appeal, I suggest you go in there armed with all the facts. Appeals take 2 forms - a rehearing or a review. A rehearing is where you would represent all the facts from your disciplinary and would be used in instances where the employee denies the wrongdoing. A review is when you feel the process has not been followed correctly or the sanction is too harsh/unfair. I would suggest your appeal falls into the second category.

Points to note for your appeal:
You should have been formally invited to your disciplinary hearing, and this letter should have told you what the matters of concern would be, that you are entitled to representation at the meeting and should include any evidence to be used against you at the disciplinary hearing. If these things did not happen, bring it up at your appeal.

If you did raise your concerns with your manager or another manager, bring this up at your appeal, with as much information as possible - dates, times, response given, etc.

Issues regarding timekeeping, etc. should ideally be dealt with as conduct issues, however it could be argued that because you are persistently late you are incapable of carrying out your job role - if you have valid reasons for your lateness, again bring this up at your appeal. It doesn't matter that you have never had any other disciplinaries for misconduct as if you are on a final warning ANY area of misconduct or capability can be treated as a dismissal, it doesn't have to be gross misconduct.

Don't admit to anything that you have not done, but do be apologetic for anything that is a valid point. Don't grovel, but explain your reasons and put your case forward that you have noted their points and if they give you another chance it won't happen again.

Finally, Don't go in all guns blazing wafting threats around. It will get you nowhere - unless you are 100% certain of your employment rights you will just sound like an idiot (believe me, people do that to me all the time and it just makes it sound like you haven't a clue) - remember they will have much more knowledge on this than you. Threats never work.

Hope this helps.

rdc2007

Thanks for the replies.
Peanutmac, I had sort of assumed (not sure why really) that because I have already been dismissed it would be too late to put a grievance in against my manager? I have been kicking myself about this, because the evidence that he has consistently treated me more harshly than other employees is easy for anyone to see.
From what you have said , I take it this may not be the case?
Officially I suppose I am still employed by the company until my period of notice is over, so can I still raise an official grievance?
I suppose this could be one way that I could raise the issue of inconsistent treatment?
Whenever I have tried to raise it in the capability hearings I was told that I couldn't present any evidence that pertained to the performance of employees other than myself.
Which made it rather hard for me to make my main point, which was that the mistakes made by me are routinely made by every one else doing the job!
(In fact part of my defence was that standards that were expected of me - 100 per cent accuracy, were impossible, due to issues outside our control. The only way I had of proving this was to show the evidence I had gathered showing EVERYBODY makes the same mistakes from time to time. But I was not allowed to show it - at three separate hearings, where I requested to do so).
I definitely won't go in making threats. All I can do is hope that the person hearing the appeal - who should, I gather, be a senior manager who has not been involved so far - is a reasonable person, because I feel that the evidence I have is enough to show that dismissal was too harsh, and my capability was disproportionately questioned, whilst that of others was not.

I guess it is a matter of balancing my own personal belief that most people are decent human beings at heart, and will act reasonably and fairly when asked to - with the fact that reinstating me will basically mean the senior person overruling my manager (who himself is quite senior, and has been with the company for decades), in favour of me - a junior employee who has only been around a couple of years.


A junior employee would have to come out with something pretty special in order for a senior manager to overturn a dismissal made by a trusted lieutenant right? Or is it likely the senior will honestly assess each case purely on the facts presented?
And would they make the decision based mainly on whether the employee was likely to win at a tribunal? Or whether they thought their actions genuinely warranted dismissal?

Peanutmac30

Honestly, in my experience usually management sides with management, unless there is a seriously strong case to suggest otherwise.

As you have not yet had your appeal heard, you are still within your rights to submit a grievance against your boss, which is what you should have been advised to do when you complained at your disciplinary meetings, rather than being told you couldn't discuss it.

It can't hurt to put your grievance in, but check your company policy and make sure you address it to the right person.

And yes, the person hearing your appeal should ideally be senior to the person who dismissed you, and should not have discussed the facts of the dismissal with anyone prior to your appeal hearing. They are supposed to be totally unbiased.

I wish you luck, but remember hard facts are the only way you will get anyone to listen to you, take in as much evidence as possible. Would anyone who worked with you be willing to act as a witness to your treatment? You are entitled to supply witnesses.

rdc2007

Thanks again PeanutMac.
I haven't even heard back about my appeal hearing yet so I will definitely raise a grievance right away.
Management sticks with management - to be honest that is what I expected you to say! I've been in my industry a long time and have seen other people get the same treatment at other places I've worked on plenty of occasions. In fact I don't know for certain of any occasion where an employee has been dismissed and reinstated on appeal!

As far as witnesses go - the difficulty is that everyone who does my job works remotely, spread all around the country. No one is with me on a day-to-day basis and the only use I could think for having a witness would be someone to say "He's right - I make that mistake regularly as well" - now, as I don't have a close working relationship with any of them, I don't think I can ask anyone to do that for me.
However what I am hoping, is that will be of less importance, because the evidence that no one hits 100 per cent targets is available to anyone logged into the work system, with a couple of mouse clicks. Everything is logged. A big part of my "defence" rests on being able to get them to acknowledge this, and therefore that I was treated more harshly for making occasional unavoidable errors than anyone else.

To be totally honest, I've become a lot less angry about this in the week since I made the first post. Things are already looking very positive on the "getting another job" front - although of course I haven't yet got to the point where the old job would be able to throw a spanner in the works with a dodgy reference.

I'm as concerned about that as I am about winning my appeal now. Probably the main reason I'm still putting a fair amount of effort into it is that so I've done everything I can before it comes to a tribunal. My company has a horrendous record with employment rights issues. This will just be another on the long list of unfair dismissal judgements against them. But I'd still far prefer them to overturn the dismissal so I could resign asap with a good reference and another offer in the bag, and not have to worry about all that hassle.

NWOIHTS

Had a similar issue to yours in a previous company. I did raise an official complaint to my manager about unreasonable requests/demands for completion of work and threatening emails from a team leader basically in big bold lettering like he was shouting. Once that was done it opened the flood gates.

Unfortunately for me - and I knew this anyway - the supervisor and boss were best buddies so as soon as I came back from holiday I was handed a letter that I had been put on an official grievance complaint due to not documenting a certain task, which they seemed to make up because it was me who recommended that maybe this should be part of the other project but they hadn't told me to do it, so I never done it because they were always trying to trip me up saying we hadn't told you to do that.

Fortunately for me I found another job before it got to even start and duly told him to shove his job - well as nicely as possible! I had this problem for about 8 months and since this team leader started, he seemed to single me out everytime and he seemed to keep implying I was making mistakes when I was doing what was asked then he said well I said you had to do this but you done something else etc etc.

To be honest when this kind of thing happens it's best t o try and move on as quickly as possible because usually a manager or collection of higher ups will target one or more people for elimination and they will do it in such a way that makes you look the bad one.

If you can just leave.

rdc2007

I already have left! I've been dismissed. But I'm trying to be reinstated so I can A) have an income while I'm looking for something else and B ) not have the tarnish that leaving a company due to dismissal brings to my employment record! (flawless until now).
Thanks for your answer though.

getmore4less

I think you need to work out who are the key players and find someone that can see that this behavour is not good for the company and be prepared to act.

If there is no one that can make thing difficult to get a way back in.

It also helps to understand the motivations behind the treatment.

You say you moved 2 years and this started one year, what triggered the change, what made you the target if there are 30 of you.