Disciplinary Advice

Takeaway_Addict

lordy_lordy wrote: »

Having read our disciplinary procedure this is contained within the content, it actually states:

The employer must set out in writing the allegations made against the employee regarding their conduct / performance and they must be given to the employee in writing.

Performance is mentioned throughout the procedure - sorry if I am misunderstanding the content.

But they are not disciplining you yet, they are telling you to buck your ideas up otherwise they may discipline you.

Unless I am completely misreading it

lordy_lordy

I am confused now.

Is it only viewed as a disciplinary once and if I am dismissed, not the process that leads up to the dismissal?

How can procedures come into effect then - totally confused now.

Sorry if I am appearing stupid but employment rights is not my forte,

Takeaway_Addict

lordy_lordy wrote: »

I am confused now.

Is it only viewed as a disciplinary once and if I am dismissed, not the process that leads up to the dismissal?

How can procedures come into effect then - totally confused now.

Sorry if I am appearing stupid but employment rights is not my forte,

No, if say you fail the PIP then they will look to do a disciplinary which they need to follow correct procedure for and could lead to a dismissal or warning.

Read this link https://www.gov.uk/disciplinary-procedures-and-action-at-work

To me they have done the informal part to start but again get proper advice.

Funky_Bold_Ribena

lordy_lordy wrote: »

I am confused now.

Is it only viewed as a disciplinary once and if I am dismissed, not the process that leads up to the dismissal?

How can procedures come into effect then - totally confused now.

Sorry if I am appearing stupid but employment rights is not my forte,

This is an informal warning. If you don't sort yourself out you will likely be asked to an investigatory meeting where they will detail the issues and invite you to a disciplinary meeting where you can be accompanied by a union member or a colleague.

Then, they could dismiss you if you fail to meet the standards set out.

lordy_lordy

Sorry Ribena if I am asking too many questions.

I was advised at the meeting by my manager he was making it a formal process. He told me of the said issues and recorded my responses and from my response has decided that the process of performance improvement has commenced which could lead to my dismissal if he is not satisfied at the end of the period.

So in effect in six weeks time, i will have followed the process and they make a decision I have not improved sufficiently and dismiss me I am out on a limb.

It appears performance improvement in itself is not a disciplinary but i can lawfully be disciplined in the form of dismissal at the end from what you are saying.

Sorry if i am not grasping this.

Funky_Bold_Ribena

What's your actual question? Have you read the link in post number 14?

ohreally

lordy lordy, I'm confused myself (not difficult, i know).

If there is a recognition agreement with a TU, there will be procedural agreements in position. You need to discuss with your rep where you are within the process - was the original meeting an investigatory, it has that kind of odour about it.

To be clear, the purpose of the disciplinary process is not to punish but to bring about improvement - however they have already set out their stall in terms of implementing an improvement plan for you - talk to your union about this state of affairs.

elsien

They are not happy with your performance. They have made you aware of this and drawn up an improvement plan.
If you improve and meet the standards this will go no further.
If you fail to improve in the given timescale they will then use the formal disciplinary procedure to look at getting rid as you are not doing your job to a satisfactory standard. What your manager has done so far is tell you what needs doing, how to do it, and by when, which he is monitoring over x weeks, with the potential consequences if nothing changes.
If you do not improve enough, the initial meeting, the plan and the ongoing monitoring will all be used as evidence in a disciplinary hearing.
You therefore need to make sure that the record is accurate, that you have the training and support you need to do your job, and that any relevant issues that might be affecting this are also recorded with the ongoing monitoring. That way, if your performance is affected by areas out of your control and this is on record, you will have a defence to put forward if it goes to disciplinary.
But you need to make sure any help you need is raised and recorded now or as you go along, not at the end of the monitoring period.
They have not yet started the formal disciplinary process, this is a precursor which could lead to that, which is when your right to accompaniment etc kicks in.

lordy_lordy

Thank you elsien, that makes sense now.

I don't have a problem with what is happening at work, I understand that if a manager thinks there is a problem then it has to be dealt with. In all honesty with restructuring comes change and whilst I have taken on additional work without complaint - sometimes what is expected of you is missed if it not communicated and hopefully that will all come out in the process.

Thank you for all your help everyone.

elsien

Just make sure that the targets they want you to meet are clear, measurable as far as possible, and achievable. If they're not, you need to ask for clarification. You don't want to be in a situation where you and you manager have different interpretations of what's been asked of you.