Capability procedure issue

MrHappyLary

Hi guys,

I am after a bit of advice and it would be great to get some thoughts and what people would do if they were in my shoes. My workplace wants to put me in a formal performance improvement plan for reasons which I feel are not valid and I have provided evidence.

It turns out that they still wish to proceed and basically I have a meeting with my line manager and HR under the companies capability procedure where a 3 month plan of action will be discussed.

I am really frustrated and stressed out at the moment as I cannot get anyone to hear my side of the story. I have spoken to HR about it but they did nothing, even though they were miffed as to why my line manager gave me no on-going feedback if there was a performance issue. They were still happy to sanction my line managers request which is bizarre.

I have been at my workplace for 7 years now and whilst I have stuck at it despite suffering from stress and mild forms of depression as a result, I really cannot bear it any more. I have been looking for another job but because of my length of service, my notice period has been off putting for potential employers (I think anyway).

I am seriously considering handing in my resignation before this meeting takes place (even if its just a day before). I am not usually someone who runs away from my problems but I feel that this is the only option, as I just want to be happy. I don't have a job offer on the cards yet but I will take a break for a month and go travelling and then come back and work for my friends company, whilst I find something else. My aim is to find a job where I will progress in what I do as I have the skills and experience to do so now.

My question is, even if I hand in my notice before the capability procedure meeting (it will be a day before it starts), can they still action the capability procedure (even if I will leave before it ends). If I don't hand it in now I will hand it in soon after it starts as I really can't bear it any longer. I understand that if I leave whilst it is in force then they can state 'performance was under review' in my reference. Can they still do so if I leave before?

Appreciate thoughts, recommendations or what you would do if in my shoes and answers to my questions

I realise that ultimately what I am asking is very subjective on my personal circumstances but I would really appreciate some help on how to move forward.

Sorry for the long rant and TIA

J_i_m

I doubt they'd state "performance under review" in your reference, they'd simply confirm the dates of your employment with them.

Make sure your friends job offer is secure before handing in your notice though.

MrHappyLary

J_i_m wrote: »

I doubt they'd state "performance under review" in your reference, they'd simply confirm the dates of your employment with them.

Make sure your friends job offer is secure before handing in your notice though.

Thanks for the reply. Is this the case even with a role that requires a professional qualification? I was under the impression they would ask about various areas including performance.

The friends job offer is just something to get by on and is by no means, what i'd like to do in the long term. It may even be the case that I don't take this up.

I'm just so fed up with the treatment at my workplace (as are other sub-ordinates) I just don't know whether to try and stick at it or to hand in notice before the performance plan starts.

J_i_m

I imagine that depends on the qualification, it might be some you have to register to do, i.e. Have a license to practice. But that's more to do a regulatory body than the employer.

Employers aren't really supposed to give anyone a negative reference. Hence, my previous post in saying that they'd simply confirm the dates of your employment and nothing else.

Mind you, the absence of a glowing endorsement is effectively the same as a negative reference anyway.

Torry_Quine

J_i_m wrote: »

I imagine that depends on the qualification, it might be some you have to register to do, i.e. Have a license to practice. But that's more to do a regulatory body than the employer.

Employers aren't really supposed to give anyone a negative reference. Hence, my previous post in saying that they'd simply confirm the dates of your employment and nothing else.

Mind you, the absence of a glowing endorsement is effectively the same as a negative reference anyway.

Not true, employers can give a negative reference but can't give an untrue reference.

J_i_m

My apologies.

They can divulge negative information, but like you it can't be untrue and they have to be able to back it up with proof.

But to the OP, if your current employer has your performance under review, then they might actually be quite glad of a ready opportunity to "let you" avoiding the hassle of lengthy disciplinary procedures. In which case you might find it quite likely they'd omit any mention of your performance review because it wouldn't be in their interests to jepodise your future employment offers if it meant they'd be stuck with you for longer.

PHILANTHROPIST

Hi Happy .......... or more likely currently, Unhappy - let's try and change that.

First read this link :

https://www.gov.uk/dismiss-staff/dismissals-on-capability-or-conduct-grounds

You have been employed for 7 yrs ; what is your contractual notice period ?

Capability may relate to a number of things ; what issue do you think your employer is focussing on ?

Have you got a clean disciplinary record ?

You mention work related stress. How aware of this "condition" is your GP and possibly more importantly your employer. Over the past 2 years how many times, or how often have you suffered from work related stress, anxiety or depression. It's usually a fluctuating condition. How are you feeling at present ? ; must not be good if you are thinking of just walking out. I ask not because I am nosy, but because you may have certain protected workplace rights that you and possibly your employer may not be aware of.

My interim guidance. Do not walk out. You will likely regret it.

Pl answer queries and hopefully we can offer some supplemental albeit caveated guidance.

p.s employers can either refuse to give a reference, tell the "truth" , give a glowing reference or give a neutral reference. Few would purposefully give a "negative" reference. For now I'd forget about references , that can come later.

MrHappyLary

Hi PHILANTHROPIST

Thanks for your reply. You guessed it right I am indeed unhappy at the moment!

Thanks for the link - I shall take a read in detail in a short while. To address some of the questions raised.

My employer is focussing on a few areas which they feel aren't getting my attention and where I could do more.

I have got a clean disciplinary record and never had any problem whatsoever with any employer. It is important to note that others find me the most reactive, helpful and 'the go to' person when something needs to be done (out of others in my department). My previous manager also used to think I was very good. It is just this manager who, is important to note is known as a very negative and awkward person in the organisation.

My contractual notice period is 7 weeks, which is a long time for most employers - who are usually used to the bog standard, 4 week period.

My GP is not aware but my previous manager was and the current manager to some extent. I guess I was too shy to share it with anyone and just dealt with it in my own way. At the moment, I am feeling frustrated because I know the issues raised are not true. I've provided evidence and its just being ignored by all.

I have decided that if I do not hand in my notice before this meeting then I certainly will do shortly after (whether i've found another job to move onto or not) as my feeling at the moment is that I cannot bear with it any longer than I have already done.

PHILANTHROPIST wrote: »

Hi Happy .......... or more likely currently, Unhappy - let's try and change that.

First read this link :


You have been employed for 7 yrs ; what is your contractual notice period ?

Capability may relate to a number of things ; what issue do you think your employer is focussing on ?

Have you got a clean disciplinary record ?

You mention work related stress. How aware of this "condition" is your GP and possibly more importantly your employer. Over the past 2 years how many times, or how often have you suffered from work related stress, anxiety or depression. It's usually a fluctuating condition. How are you feeling at present ? ; must not be good if you are thinking of just walking out. I ask not because I am nosy, but because you may have certain protected workplace rights that you and possibly your employer may not be aware of.

My interim guidance. Do not walk out. You will likely regret it.

Pl answer queries and hopefully we can offer some supplemental albeit caveated guidance.

p.s employers can either refuse to give a reference, tell the "truth" , give a glowing reference or give a neutral reference. Few would purposefully give a "negative" reference. For now I'd forget about references , that can come later.

PHILANTHROPIST

MrHappyLary wrote: »

Hi PHILANTHROPIST

Thanks for your reply. You guessed it right I am indeed unhappy at the moment!

Thanks for the link - I shall take a read in detail in a short while. To address some of the questions raised.

My employer is focussing on a few areas which they feel aren't getting my attention and where I could do more.

I have got a clean disciplinary record and never had any problem whatsoever with any employer. It is important to note that others find me the most reactive, helpful and 'the go to' person when something needs to be done (out of others in my department). My previous manager also used to think I was very good. It is just this manager who, is important to note is known as a very negative and awkward person in the organisation.

My contractual notice period is 7 weeks, which is a long time for most employers - who are usually used to the bog standard, 4 week period.

My GP is not aware but my previous manager was and the current manager to some extent. I guess I was too shy to share it with anyone and just dealt with it in my own way. At the moment, I am feeling frustrated because I know the issues raised are not true. I've provided evidence and its just being ignored by all.

I have decided that if I do not hand in my notice before this meeting then I certainly will do shortly after (whether i've found another job to move onto or not) as my feeling at the moment is that I cannot bear with it any longer than I have already done.

Thx for answers, a bit clearer now.

7 weeks is not unusual for a 7 period of continuous employment ; it is your "statutory entitlement" .

It may well be likely that you are protected under the Equality Act 2010 as having a protected characteristic, and thus (and apologies if this presumption sounds OTT) you may well be categorised as being "disabled" in the workplace under the Act, and have likely been for some time. Thus you may well deserve reasonable adjustments to be made by your employer to make your place of work more amenable to you and in order for you to be able to work to the best of your ability. One such reasonable adjustment may be to be moved away, if practicable, from that apparently bullying boss of yours. Is that reasonable ? It may well be.

Is it fairly easy to prove such a protected characteristic. Cynics may dispute this, but to date I have never failed to have such an assertion upheld so long as acceptable medical evidence is available.

Let's see what happens at this meeting. Do not sign any notes taken. Ask for a copy and say you will get back to them with any comments / annotations thereto within say 48 hrs. That is reasonable and should in a small way show that you are seeking to take some degree of control of the situation.

Paypeanuts

Hapylary, if you want to leave but the notice period is causing you an issue, have a chat to your boss. If they are not overwhelmed with your performance, they are probably not going to stand in the way of your leaving early if you find another job.
People get stale, jobs get stale. Maybe it really is time for a fresh start?