Capability Hearing

Hello All

Apologies for the long write up but I wanted to put my story in the right context hence the essay!!

I'm 44 years old and have worked for this company for 17 years at various international locations, and in UK since 2007 Sept. I was also deputed to the Middle East recently between 2014 - 2016. The company is a world leader in Oil service industry catering to the Upstream Exploration business. There was a redundancy program in 2016 where the workforce was almost reduced to 50% world wide in our offices.

I'm the youngest in the current team whilst the oldest is nearly 60. Since my arrival from the Middle East I have been dumped on projects/work that were not very appealing in terms of revenue, as a consequence my reviews / appraisals were in line with this. In addition to this the company also introduced a quarterly feedback system where they pretty much asked the staff to literally 'market themselves' in the form of what each of us brought to the table. Obviously with the kind of work I was doing there wasn't a great deal that I could come up with and from what I gather from the team they had similar comments too. Our supervisor, who himself was demoted from a Managerial level to supervisory level, with his plans for early retirement already in place he just wants to go with the senior management's flow.

Last week I was called in for an informal chat by my Manager where he informed about the capability policy and scared me with a target, which he himself admitted can be really tough. His comment was that my performance wasn't upto the level and that there were others who is able to perform way beyond than me. Yesterday again I was called in for another informal catch up where he showed me the performance improvement plan (PIP) that seemed so unrealistic, both technically and time frame wise. So, I queried what were my other options. His response was he can’t discuss them without a HR person. I have been invited for another informal meeting on Friday with him and a HR person.

My queries
How should I face this situation, I feel I’m being unfairly targeted and some form of discrimination is going on which I can’t quiet grasp
As the situation in the office is very much a ‘dog fight’ for work, the other three in the team seems like ganged up against me or could be just be quiet to safe guard their own positions.
Can I take my supervisor and the team lead for the informal meeting with me, so I know what their positions are in respect to my current situation. So far except my manager everyone else has been tight lipped despite all being higher in hierarchy than me.

PS. I do have my own doubts about my supervisor as I had a small scuffle with him few weeks ago on a work, but I would be surprised if he had taken that to this level...

Really would appreciate your valuable comments and thoughts, thanks in advance for your time.

Should I accept the PIP option and give it a try?? Ofcourse the risk is if I can’t make it then I have to accept the dismissal on that ground, what happens if I withdraw half way through the process, can I resign??

Thanks
Feeling lost!!
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Comments

  • lulu650
    lulu650 Posts: 1,158 Forumite
    Name Dropper First Anniversary First Post
    edited 18 July 2018 at 10:58AM
    palasmy wrote: »
    .....My queries
    How should I face this situation, I feel I!!!8217;m being unfairly targeted and some form of discrimination is going on which I can!!!8217;t quiet grasp
    As the situation in the office is very much a !!!8216;dog fight!!!8217; for work, the other three in the team seems like ganged up against me or could be just be quiet to safe guard their own positions.
    Can I take my supervisor and the team lead for the informal meeting with me, so I know what their positions are in respect to my current situation. So far except my manager everyone else has been tight lipped despite all being higher in hierarchy than me.

    PS. I do have my own doubts about my supervisor as I had a small scuffle with him few weeks ago on a work, but I would be surprised if he had taken that to this level...

    Really would appreciate your valuable comments and thoughts, thanks in advance for your time.

    Should I accept the PIP option and give it a try?? Ofcourse the risk is if I can!!!8217;t make it then I have to accept the dismissal on that ground, what happens if I withdraw half way through the process, can I resign??.....
    Based on your feelings you say that you are being discriminated against and the rest of the team are "ganging up on you". Without specific examples of discrimination and/or bullying I can't see how anyone can give you advice.

    An informal meeting doesn't give you any right to take a colleague in with you. You could certainly ask but if a settlement is offered then you cannot bring anyone with you due to the confidentiality of any agreement.

    I don't know what a small scuffle with your supervisor means in relation to your capability. However, if your work was good enough for the company than your employer wouldn't be discussing a PIP.

    The meeting with HR is to discuss alternatives such as demotion or, more likely, a settlement agreement to leave. If a settlement agreement is offered to you than your employer is signalling that they don't expect you to succeed with your PIP. Your comments to us also signify you don't expect to pass.

    The big advantage of an SA in capability cases is that it will come with an agreed reference.
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  • palasmy
    palasmy Posts: 179 Forumite
    First Anniversary Combo Breaker
    Thanks Lulu, discrimination because, within the team I'm in no way less than the other two in terms of my work ability although they are higher in hierarchy. Which in itself sums up my ability to have shown that I can work to a much higher level, and I can assure that neither of them would be able to manage that PIP in that time frame at least I'm giving it a thought and with a bit of luck I may come out successful. Which is what I'm considering just so I can prove and then resign..

    The worry or concern I have is, can they be deliberate to make it difficult for me through the PIP process as they have already decided they don't need me??

    'Agreed reference' is a good point, would certainly help my future employment but then wouldn't it be obvious anyway for the new employer to find out what actually happened??

    Sounds like there isn't an awful lot that I can negotiate here??
  • scaredofdebt
    scaredofdebt Posts: 1,640 Forumite
    First Anniversary Combo Breaker First Post
    Are you in a union?

    It sounds to me (I am making some assumptions here based on lack of information) that they may be trying to "manage you out" of the organisation.

    Setting PIPs that are impossible to achieve is a relatively well-known way of doing this. A union may be able to give better advice at least.
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  • palasmy
    palasmy Posts: 179 Forumite
    First Anniversary Combo Breaker
    edited 18 July 2018 at 12:28PM
    Thanks Scaredofdebt, unfortunately I'm not in unions, can I join in any whilst I'm still employed..

    What additional information may help prove the discrimination
  • andygb
    andygb Posts: 14,631 Forumite
    First Anniversary Name Dropper First Post
    Are you in a union?

    It sounds to me (I am making some assumptions here based on lack of information) that they may be trying to "manage you out" of the organisation.

    Setting PIPs that are impossible to achieve is a relatively well-known way of doing this. A union may be able to give better advice at least.




    I totally agree, capability/PIP/360 peer revues etc, are all methods of trying to get rid of someone.
    No matter what you do, the management will always say you have not achieved the targets which they set for you.:(
  • palasmy
    palasmy Posts: 179 Forumite
    First Anniversary Combo Breaker
    But why me, is the obvious question when i'm younger than the other two and surely much more capable than them...

    And what one wonders is that in such a big company how would this make a difference especially when the resources already limited for the amount of work in hand for the team. Is it really a good business decision??

    This is why I feel this is more discrimination than anything else..
  • scaredofdebt
    scaredofdebt Posts: 1,640 Forumite
    First Anniversary Combo Breaker First Post
    palasmy wrote: »
    Thanks Scaredofdebt, unfortunately I'm not in unions, can I join in any whilst I'm still employed..

    What additional information may help prove the discrimination

    You can join a union at any time, it usually costs a few pounds a month and they can be useful, or not, but worth a try for the sake of £10 or so.

    I would be documenting what is happening and any evidence of how you are being discriminated against.

    If the PIP us unacheivable you need to put a case together to show how this is the case, ideally compare the targets with what your colleagues are achieving, that may not be possible, I don't know your work situation well enough to tell.

    Why exactly did the PIP come about, where you being targetted and were you aware of this? Do you have regular appraisals, has anybody complained about your performance before? It seems a bit odd for someone with 17 years experience of working for a company to suddenly be told they aren't hitting targets.

    I would also consider applying for another job, it's easier if you are already employed.
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  • You can join a union at any time, it usually costs a few pounds a month and they can be useful, or not, but worth a try for the sake of £10 or so.

    .

    I doubt very much though that a union would be prepared to help someone who only joined that union to get help for an existing/ongoing matter
  • Muscle750
    Muscle750 Posts: 1,075 Forumite
    Just mention if they get nasty you are seeking independent legal advice as you feel you are been unjustly treated etc.
  • palasmy
    palasmy Posts: 179 Forumite
    First Anniversary Combo Breaker
    You can join a union at any time, it usually costs a few pounds a month and they can be useful, or not, but worth a try for the sake of £10 or so.

    I would be documenting what is happening and any evidence of how you are being discriminated against.

    If the PIP us unacheivable you need to put a case together to show how this is the case, ideally compare the targets with what your colleagues are achieving, that may not be possible, I don't know your work situation well enough to tell.

    Why exactly did the PIP come about, where you being targetted and were you aware of this? Do you have regular appraisals, has anybody complained about your performance before? It seems a bit odd for someone with 17 years experience of working for a company to suddenly be told they aren't hitting targets.

    I would also consider applying for another job, it's easier if you are already employed.

    In the Oil industry, especially in our field, technology update / capable is very crucial plus during difficult times like now, they only want to keep the top notch!! Admittedly I'm not upto the mark for the reasons I already described above however I was totally committed for the projects (less challenging ones) I have been working on. And it is not just me there are so many like such, this is the reason I'm puzzled why they picked on me or is it just a beginning for another wave to follow where many others like me will be affected, I don't know..

    Clearly having such a situation isn't great for a career, Can I just resign and avoid all this hassle, would I get a good reference still??

    Thanks
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