being dismissed for poor performance

happenstance

Hello,

My employer is calling me to a meeting tomorrow as i've had low in my performance as decided by my managers.

I don't agree with this low performance and feel it was awarded because I was signed off work a month this year with exhaustion and when I returned to work did tell management that I'm not prepared to work longer than my contracted hours. Sadly I think not working for free in the evenings and weekends counts as low performance in their books.

Can they just dismiss me with the notice in my contract and without any severance pay if it is due to them claiming im a low performer?

thanks

Funky_Bold_Ribena

How long have you worked there?

happenstance

5+ years, i have worked there.

swingaloo

What makes you think you are going to be dismissed?

Have you a target you have to achieve and if so have you failed to meet the target and been spoken to before?

Have you had warnings previously?

happenstance

Well they say in the letter I maybe dismissed, I haven't had any formal or written warnings, I was told 6 months ago my performance was low and needs to improve.

swingaloo

Then I'm not sure they can just dismiss you. Do you have a staff handbook? it should say in there what the disciplinary procedure is.

Someone more knowledgeable will be along but as far as I know you can only be dismissed without having verbal/written warnings if it is considered gross misconduct.

happenstance

swingaloo wrote: »

Then I'm not sure they can just dismiss you. Do you have a staff handbook? it should say in there what the disciplinary procedure is.

Someone more knowledgeable will be along but as far as I know you can only be dismissed without having verbal/written warnings if it is considered gross misconduct.

There isn't a handbook and the procedure is not clear and not helped by HR and their long winded reply that doesn't give any quantifiable answers.

Thanks alot for your help, that was my understanding also.

Naf

What industry are you in, and are you a member of a union?

happenstance

Work in IT for a telecoms company and no not a member of a union (dont think their is one).

Funky_Bold_Ribena

swingaloo wrote: »

Then I'm not sure they can just dismiss you. Do you have a staff handbook? it should say in there what the disciplinary procedure is.

Someone more knowledgeable will be along but as far as I know you can only be dismissed without having verbal/written warnings if it is considered gross misconduct.

They can pretty much do what they want to do these days. The cost of tribunals is pretty much going to cut down on anyone taking action once dismissed.

OP - you have been in telecoms 5 years and have never heard of the Communication Workers' Union?

chubbs1981

If they state your performance is poor and you have been warned.

i) ask them to quantify 'reasonable performace' and how your 'falling short'
ii) ask for their assistance to rectify this issue. i.e training/coaching
iii) do not lose your temper and argue.
iv) if they say your not doing something that you should be doing ask for evidence.