If you were threatened with capability procedure in work what would you do?

[RioTheParrott]

Hi. I work in not such a nice team really. the managers have a habit of putting people they don't like under capabilities so they leave basically. I'm pregnant at the moment so they're being nice to me but I fear after mat leave is over I'll be a target. It's horrible feeling like that. Aibu to get a new job on mat leave to avoid the dreaded capability on my return ??

Yanbu but don't say anything until you find your new job.

Isn't that constructive dismissal? And if they were to target you just after a baby sex discrimination too?

I know nothing about employment law, just seems dodgy.

If you can find alternative employment, then do so. You don't need that kind of anxiety hanging over your head.

It is VERY easy for management to close ranks like this and "manage" someone out regardless of the rights and wrongs of doing so. So long as they comply with their own policy and can produce the correct paperwork it is very difficult for the employee to prove that management don't have a case.

They have a classic face doesn't fit mentality and unfortunately I don't fit so I'll be targeted

I held out and jumped through all the hoops until I was really sick. Then got my union involved and they really supported me until I got out with a basic payout.

I got the union involved and work backed off. I then got another job as soon as possible.

They was also just back off maternity leave which helped as the union warned them that a tribunal would just see it as unfair dissmissal.

The unions also pointed out that up until then I had not had any indications in staff supervision’s before or after being pregnant that there was a problem. When my employer pointed out they had not done any supervisions with me 6 months before I went on maternity and at all after I got back the union lady laughed at them.

You can’t just bring a capibility out if the blue they will have to have a paper trial evidence that they have brought up issues with you prior

windermerebell, not true in some industries. This has happened to me this year. The union gave great advice but only regarding a settlement despite there being no issues and me having great reviews until then. Classic face doesn’t fit. Yes, it’s constructive dismissal but in my industry, there is fuck all you can do.

The best advice I had was to resign, after which the harassment stopped. Horrendous experience.

I suppose more and more employers can get away with what they want. Could be lot worse when we come out of Europe

Is there an issue with your work?

If there isn't why would they put you on capability?

In relation to the other staff...I think there must be more than managers not liking them.

I work in HR and whenever a manager seeks advice about an employee they'd rather wasn't there...there is always a genuine problem with the person.

It might be their attitude, their punctuality, attendance or the standard of their work.

If there isn't any evidence to support what the manager says...then they can't instigate capability procedures.

If I personally was threatened with capability...I'd expect the full procedures to be followed..including informsl procedures, support, action plans etc. It would need to be rock solid.

I have a friend who had a horrible manager..who wad a bully. The manager threatened capability and due to the 2nd line manager being even more of a bully she resigned the following day.

If you know your managers have a habit of doing that make sure you have a copy of all your appraisals for the last few years and join a union now. Then look for another job once your maternity is over.

If you cannot get a new job in time at least the managers will realise they have a fight on their hands, and may agree to a settlement if they know you have a union backing you.

Btw I had a manager instigate capability procedures on me twice for no good reason. Each time a more senior HR manager was called in and made up some reason why it wasn't valid. Cut a long story short after being targeted for a few years in different ways, having a promotion delibrately blocked and lots of paper evidence I ended up putting in a tribunal claim. Oh and the senior HR managers had a habit of leaving every 6 months - I think some of them where managed out as the company had a lot of tribunal claims for discrimination and unfair dismissal. The ones they let go to a full hearing they always lost even if the person was silly enough to represent themselves.

I just watched someone get forced out of my company despite being excellent. The only good thing is she got a decent pay out (a years salary) but it’s destroyed her mental health and you can’t put a price on that.

I’d get out while you can OP
Employment laws can be annoyingly favourable or pointless depending on HR.

True story
Our HR director insisted we give repeated chances and additional help to a chronic underperformer on my team and declined my requests for a pip plans for 6 months. Because he hadn’t fucked up the entire department yet “been empowered and given a fair chance to shine”
The employee in question was lazy, rude as fuck and in that time two great people on my team quit mainly because of him.

This same HR woman told my friend “anything can be made to look like a redundancy” and she knew the boss was wrong/a bully but he made the company a lot of money sooooooo...

First port of call is always the union.

Do you have an HR department?

Theoretically, no employee should ever go on capabilities - in an ideal world there would be monthly meetings with your line manager where any little aberrations are ironed out before anything ever escalates. But we don't live in an ideal world, there for you documents, keep emails, cover your own back, confirm any verbal decisions via email so there are no wilful misinterpretations at a later date. Objectives should be 'SMART' (Specific, Measurable, Achievable, Relevant and Time-bound) and if you fall short, it should be brought up at your monthly meeting ie I cannot meet the time as my team is all off on leave.

In short - Union and document!

My performance hasn't been stellar but I'm not the worst by a long shot. were not allowed to ask questions without being screamed at or undermined. My performance hasn't been the best I can do because my confidence has been ripped to shreds