Managed out at work

[Bugsbunny41]

This is new to me. Been employed many years but due to changes I believe I am going to be managed out. Anyone who has experienced this, can you let me know the process, next steps? x

Do you have a union?

No I don't have a union. If I have one bad appraisal can they sack me?

Push for redundancy - a decent package. I've gone down that route after looking at bringing a constructive dismissal case a couple of years ago.

Build cash reserves so if you have to leave you can (and that is why I didn't take my employer to court before - I didn't have enough savings to take the risk).

Union membership would be good. I'm not a union member and having that support would have helped. Ask around for decent employment solicitor to be prepared if needed.

Agree about cash reserves. I cant me made redundant if there is still a job to do. But they dont want me doing it. Hence can I be sacked for one bad appraisal? Would that mean I lose all rights immediately. Notice period etc.

Watching with interest as DH going through similar.

I’m a union rep, they can’t sack you for one ‘bad’ appraisal. Of course, if you’re under 2 years service they can get rid of you for any reason, unless it’s automatically discriminatory.

What makes you think they want to manage you out?

Whisperings, constant changes, favouritism. I have many years service.

They can’t lawfully “just” sack you with 2 years service after one bad appraisal. But if they deem you under performing they can put you on performance management with a personal improvement plan - set you targets, monitor your performance and if it doesn’t hit expectations they can move to termination by or capability.

I won’t lie, it is pretty horrid for all concerned to go down that path.

Ask yourself honestly - why do you think they would do this? Are you not hitting current expectations (which may not be the same as prior expectations) or is this a personal issue? Do you think you can turn it around? That will help inform your next steps.

BTW when the will is there in management, finding a redundancy route to exiting someone you don’t want to keep who is willing to take it, is not uncommon.

Join a union now.

Do you have any long term health conditions which you might need to ask for reasonable adjustments for?

Are you a member of any other group protected by the EA? Is reasonable to raise a concern that people are behaving poorly towards you because of this?

Make a note of everything that's said to you and keep a copy of all relevant emails.

Meet all targets but don't agree to targets which aren't achieveable. If their targets rely on you working extra hours, unpaid, document it and raise the problem. They can't sack you for refusing to work for free.

Start looking for another job.

Whisperings, constant changes, favouritism.

If there is a pattern of bullying start making a journal of what happens and when. Once you have a solid basis raise the issue, following your company's policy to the letter.

Basically- getting out is the easier option but don't just take anything in a panic. In the mean time make it damned hard to sack you so that if they want you gone they have to pay you off.

I imagine you are highly anxious with this going on, even if this turned around, how do you feel about staying there? (Do you dislike all your colleagues?)

Do you have contingency plans?

Speak to ACAS.

Unions are not that useful when it’s just an individual being targeted. Trying to be made redundant is the best option but many employers will make life very miserable for the employee hoping to ey will leave. I would go off sick with stress and look for another job. Anything else is very stressful and detrimental to your mental and possibly physical health.

This happened to me some years ago. It was a horrible experience as I kept getting picked up on stupid stuff, and they'd give me a poor rating based on this.

I spoke to a friend who works in a hr dept, and then I decided to take matters into my own hands. I arranged a meeting with my manager and HR, was up front and said it felt as though I was being managed out the company. I said I'd happily take a compromise agreement if this would help the situation. They agreed, I got 3 months tax free, and another 3 months salary taxed, i works 2 months notice, and was given a good reference.

My unions were always very useful on an individual basis

Having been managed out myself from a TUPE position I would honestly say I am not the same person I was before, mentally or emotionally, and would recommend you ask them for redundancy before it got to any sort of performance management stage.

Just to add, they wanted to reduce heads and costs, but didn't want to make anyone redundant as they wanted to move people around and keep the role.

Bu agreeing to the compromise agreement, my employment history doesn't have a black mark against it, this is simply an agreement to part company with each other on good terms, I get a good reference and an amount of money. As it happened I got another job lined up before I left so ended up with a lump sum of cash and another job.

Unions are not that useful when it’s just an individual being targeted.

Depends on the company and the caseworker. Many, many managers do not follow the law so a union can sometimes stop things in their tracks, or more often force a bigger payout.

It's a lot better than nothing and a lot cheaper than hiring a specialist solicitor.

No, they can't sack you for one bad appraisal (unless there is evidence in that appraisal of gross misconduct, but it doesn't sound like it).

They can put you onto a capability procedure and give you a performance improvement plan. The best thing you can do at that point is to engage with the plan and push to ensure that the targets they set you are measurable and realistically achievable. Get union advice if you can. And yes, build up as much of a financial buffer as you possibly can.

Compromise agreement is probably the route they will go.
Start logging any bullying unfair treatment and putt everything in writing.
I was part of a cost cutting exercise and my last appraisal was totally unfair. I responded to my manager why I did not agree with.

I actually thought I should have had an a very good appraisal. Anyway it lead to a compromise agreement and I came away with a reasonable settlement that gave me a buffer.

Log everything, keep a paper trail. Ask for conversations to be put in writing.

Look up your performance or capability procedure - it can have different names - they need to follow that to the letter to sack you for 'bad' performance. And no, they can't just sack you for a bad appraisal if you have over two years service.

Also reflect on that bad appraisal - was it a true and accurate reflection of your performance? Are there any mitigating factors that should have been taken into account?

As you mentioned you have many years of service a couple of thoughts:

• could this have anything to do with age? which would of course be discrimination. If they are picking on you because of this, I would make it clear to them that you will sue them for constructive dismissal. As other have mentioned, it is better to try to negotiate a settlement and go for redundancy.

• same thing if they are bullying you: keep records of instances where you are treated unfavourably compared to colleagues, kept out of meetings and so on.

• don't agree to take on unrealistic targets.

• any decent manager will raise performance issues with their staff before the yearly performance appraisal. This gives both parties the opportunity to discuss what is happening and put a plan place to improve things. If you have a manager who lets you fail and then waits until the formal performance review process to criticise your performance, ask them why this was not mentioned to you before as this means you had no opportunity to improve. You can also usually ask to provide a written reply to be added to your appraisal form where you can give your own version of what happened if you disagree with your manager's comments.

I would start planning my exit if I were you though and try to get the best possible deal out of your employer. The harsh reality is that if your employer really wants you out, it will be hard for you to continue to work in this job.

Hi just felt I needed to comment on your post, this happened to me, was in job for 15 years and new manager started trying to take me down performance route, due to me calling him out on spurious behaviours, clean working record for All those years, ended up going on sick, putting in grievance and ended up just leaving cos my mental health couldn't take any more, so sorry you are going through this, it's soul destroying, hope you make the right decision for you no job is worth it but that doesn't make it any easier, I'm only accepting it now after 2 years of leaving but then COVID stopped my work search progressing so that didn't help, all the best with whichever route you take

Is there any reason that you think you might get a bad appraisal?

Boss has made it clear by his actions he would like a co worker to replace me. Horrible atmosphere and I am losing my confidence. I am also working really long hours. Sorry for everyone else experiencing it.