being dismissed for poor performance

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  • Southend1
    Southend1 Posts: 3,362 Forumite
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    Thanks will be sure to take notes of anything interesting.

    From what your saying if they want me gone then pretty much they can get rid of me and if I went down the tribunal route it would damage my reference. To be honest not sure i can justify the 1200 for a tribunal it now costs if i loose my job.

    Some unions will cover tribunal fees in union supported cases.
  • Takeaway_Addict
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    chubbs1981 wrote: »
    The witness is supposed to sit there and do nothing, i.e just observe so don't worry about that.
    If its a disciplinary then they can act on behalf of the employee.
    Take in with you a list of things you wish to clarify.

    i.e what is my target.

    how am i missing my target

    what has changed this year compared to the previous years.

    what can i do to achieve my target. Don't settle for any fob off bull about upping your gaming working harder, working smarter etc. you want quantifiable measurable targets and objectives.

    take notes of things that seem 'interesting' i.e throw away comments unusual wording etc.

    It sounds as if they want you out and Sadly its probably time to leave with your reference intact. I would strongly advise against going down the tribunal route on the basis that even if you win you'll lose out on the basis you'll get no reference and then your stumped.

    I agree with that they want you out, OP you may want to look at Compromise agreements and if you are happy with leaving just be blunt and ask would they like to go down the compromise agreement route.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Takeaway_Addict
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    Southend1 wrote: »
    Some unions will cover tribunal fees in union supported cases.

    Has a tribunal happened yet where fees were paid? Do we know if costs will be applied against or are awards being increased to match the costs? Or does the claiment just lose that amount?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Southend1
    Southend1 Posts: 3,362 Forumite
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    Has a tribunal happened yet where fees were paid? Do we know if costs will be applied against or are awards being increased to match the costs? Or does the claiment just lose that amount?

    I don't know the answer to the first question. Re the others, here is unite's policy:

    "If a member is successful in getting a settlement, Unite’s legal team will ensure the settlement includes the fees to the union is repaid. If the case is taken to tribunal, Unite will ensure the tribunal awards the fees so Unite is reimbursed."
  • timbo58
    timbo58 Posts: 1,164 Forumite
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    not sure if relevant: apologies if it's not: however in my own companies policy the employer MUST state the meeting may have a decision including the person losing their job if there is ANY chance whatsoever of it being the outcome: it isn't guaranteed this meeting is to dismiss you in which case.
    Unless specifically stated all posts by me are my own considered opinion.
    If you don't like my opinion feel free to respond with your own.
  • Takeaway_Addict
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    Southend1 wrote: »
    I don't know the answer to the first question. Re the others, here is unite's policy:

    "If a member is successful in getting a settlement, Unite’s legal team will ensure the settlement includes the fees to the union is repaid. If the case is taken to tribunal, Unite will ensure the tribunal awards the fees so Unite is reimbursed."

    Interesting but saying it and doing it are different things I guess
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Southend1
    Southend1 Posts: 3,362 Forumite
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    Interesting but saying it and doing it are different things I guess

    Yes, we will see what happens in due course I suppose
  • Naf
    Naf Posts: 3,160 Forumite
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    OP; you're even saying that your performance is low - but you're offering nothing to quantify this. What are you not doing that makes you a worse 'performer'.
    Never argue with stupid people, they will drag you down to their level and then beat you with experience.
    - Mark Twain
    Arguing with idiots is like playing chess with a pigeon: no matter how good you are at chess, its just going to knock over the pieces and strut around like its victorious.
  • happenstance
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    Naf wrote: »
    OP; you're even saying that your performance is low - but you're offering nothing to quantify this. What are you not doing that makes you a worse 'performer'.
    in my biased mind i think leaving at my contracted hours and refusing to work for free at the weekends (contract is mon-fri 37.5) makes me a low performer. other people are even kind of bragging at how late they stayed at work, but that kind of work attitude made me unwell and im not wanting to get back into that state of mind again. I probably am a low performer compared to the other people as they work many hours for free.

    Thanks everyone, I've managed to delay the meeting for a week and joined a union - hopefully will get a welcome email or something through soon and can contact someone. :)
  • makeyourdaddyproud
    makeyourdaddyproud Posts: 1,294 Forumite
    edited 17 September 2013 at 10:09AM
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    Thanks will be sure to take notes of anything interesting.

    From what your saying if they want me gone then pretty much they can get rid of me and if I went down the tribunal route it would damage my reference. To be honest not sure i can justify the 1200 for a tribunal it now costs if i loose my job.

    This is exactly what the new tribunal edict wants potential claimants to think, so the rules are obviously working.

    When you say telecoms, is it call centre because I worked in IT.

    But leaving now, rather than later, may not keep references intact, since they already have a low opinion on you. One poster is suggesting that your reference will "degrade" simply because you're taking them to a tribunal, that is simply illegal. Your reference should only be based your 5 year record, not about the mere fact they are being sued for being a sh1teh0le employer.
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