Any HR professionals who can give me urgent advice?

[cyclotherapy]

I’ve just posted this in Employment - but realise I may not get much traffic. So hoping some of you might be on here?

I have been called to a Capability Meeting tomorrow, for the first step in Performance Management proceedings. It has been a big shock.

Two issues

1. I am recovering from an operation and have a fit note for amended duties. My understanding was that they cannot implement this process until I am fully fit again (this is what they said last week, but have changed their minds today);
2. Is the HR department meant to be able to advise me on the process? They have said not, as it would be a conflict of interests and they just advise my employer. I have had issues with them in the past.

If better to PM me than post here, do - and thank you!

They don’t necessarily have to wait for you to be fully fit to start this process. It may be unreasonable to do so if you’re close to being fully fit.

My team would be there to support you as well as the organisation. No conflict of interest in explaining a process.

PM me if you like.

No advise OP I’m sure someone with more knowledge than I will be along soon.

But your 2nd point should act as a reminder that HR does nothing more than serve the interests of the company and not its employees.

I don't know the answers to your questions but just wanted to advise you to involve your union if you are in one.

But your 2nd point should act as a reminder that HR does nothing more than serve the interests of the company and not its employees.

Not on my watch.

If it’s a formal meeting take a colleague with you. Or your rep if in a union. They should take notes of what is said.
Ask the question about the fit note and make sure it’s noted and written up in any outcome

At my work, I would direct you to the union or our internal workplace supporters. The HR team wouldn't be advising staff, but the ensuring the manager taking you through this process is supporting you adequately. Conflict of interest is an odd phrase to use because surely 'the interest' is the same - offering support and guidance to achieve your working at the required standard. But I know what they mean.

They don't need to wait until your fully fit, what they are doing is (hopefully) identifying the barriers to you achieving the required standard and then putting a plan in place to help you achieve it. There's no point waiting for a point in the future to offer employees support as the sooner the better really. The quicker you get the support, the better for you and for them.

Are they sticking to the amended duties, because if they can't then you should probably be off work? Is the Capability about your amended duties or something else?

From our experience as employers, it depends if you are fully able to understand what is being discussed ie you haven't had brain surgery or aren't on medication that could affect your ability to understand as opposed to physically able to attend. If you are fit for amended duties, I would imagine that includes attending a meeting.

You need an employment solicitor or ACAS.

Personally I would be getting advice independent of my company. Are you a member of a union? If not try ACAS

If you can't get advice before the meeting my suggestion (not a HR specialist) would be to make notes on what they say and just take it all in and say as little as possible. Don't take any blame or accept responsibility for anything. Say you will need to take advice before discussing it further. Be calm but firm in your determination not to agree to anything without advice from a professional body.

That would be what I would do anyway. Wishing you the best.

Speak to ACAS first thing. Capability linked to performance management does seem unhelpful during your recovery but capability linked to back to work and reasonable adjustments would be acceptable although ideally they would be guided by your timescale.

They cannot reasonably spring capability and performance management on you without your manager having first tried to "manage" you through feedback and supportive conversations / appraisals etc. Bear this in mind and stand your ground if this is out of the blue. Keep restating that your manager has never spoken to you about your performance.

I'm not an HR professional but I have attended HR meetings (I am a note-taker). How much warning did they give you of this meeting? Is there any track record of concerns over your performance, targets for improvement, mentoring etc? They should allow you enough time to arrange for someone to accompany you - either a union rep or (if you are not in a union) a colleage or friend or family member.
What is your company's capability policy? You should have a copy of it.

It sounds like they could be trying to 'manage you out' because of your health issues - they will need to be careful to follow the proper procedure.

Not an HR pro but agree HR in my public sector workplace is all about protecting the organisation. That was the shift that occurred in many organisations when the terminology changed and Personnel became HR. I would check out ACAS, there's a Fred helpline as well m.acas.org.uk/index.aspx?articleid=2042
If your not in a union, join. Don't take any shit of anybody x

Don't take any blame or accept responsibility for anything

This is terrible advice...

It will do you better to be open, transparent and honest about the support you need. Ask for examples of where they consider you requiring improvement and then tell them what you need to be able to do that. Be reflective on what has happened in a realistic sense.

Going into this defensive and unwilling to reflect is not going to help you. They may be trying to help you. If they are shit employers and you are being shafted, acting reasonably now and in a cooperative way is only going to highlight their shitness at a later date. Don't follow the poor advice on this thread.

Not on my watch

Then you are an exception to the general rule @Boobil

Of course HR is there to protect the business. They are a business investment. This usually means ensuring everyone is treated fairly and legally. Not sure why that's so surprising.

In my work, we spend our time protecting employers from shit managers quite often. This is protecting the business (from successful claims) and the employees (from mistreatment) so the two arent mutually exclusive.

Perhaps I'll reconsider responding to these types of threads if HR is so poorly thought of

Chic, are you quite new to mumsnet. HR professionals are quite often vilified here unfortunately.

Is it a teaching role? (I’ve not heard ‘capability’ mentioned in other contexts). If so, please take your union rep with you.

Capability is a term used in any workplace, Ms Jane

I’m not sure what the face is for. I asked a question, and qualified my suggestion with ‘if so’. I’ll crawl back to the Staffroom where I belong though...

We employ an hr company to make sure we do everything within the law . But they would also tell us if we were not treating a member of staff legally .

I agree if the op is not in a union and they have no one to attend with them then phone acas or check gov uk for guidance .

I'm not new, just hacked off at the responses tonight (not the OP, to be fair)

OlderthenYoungerNow

I am not suggesting she says "it wasn't me" I was thinking that if, for example, they say that she has not done X,Y and Z and she feels that she isn't able because of her recovery she doesn't say "oh yes sorry about that"

I see what you mean and I am not qualified which I did say in my post. My feeling is if she accepts that she has failed in her duties it will be hard to come back from that.

Call ACAS first thing in the morning

Another shout out for ACAS helpline here.

If you are not a union member with a rep who can join you for the meeting, then take a friend in with you.