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!

The return to work process can happen as soon as you are well enough to attend or talk on the phone, it doesn't mean you are expected back. The meeting will be to see how your recovery is and to establish what adaptations are needed, when phased return is likely etc. In some circumstances it could be to discuss moving you to another department because you have indicated not being able to do your job for a while and a vacancy has occurred. It is standard in larger workplaces to have this sort of thing

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Not HR here but the first step is to get all the policy and procedure and union support, if you are in one.

Be aware that your workplace does not have to allow a union rep or friend in with you as pp have advised as it is not a disciplinary.

Firstly, what did the communication actually say? Did it outline the companies "Performance Management" process? What I am getting at here is have you actually been told in writing that your performance is below that required? If your company is looking to place you in formal performance management, they should have exhausted all informal routes first. You suggest they have not done this. You have also said you are on "limited duties" is it possible your employer wants a recorded meeting about this? You should also be told who will be in attendance at the meeting.

If you have not done so you need to get hold of a copy of the performance management process , if as you say tomorrow's meeting is the first step in this process. HR must have one and must provide it.
It will outline your rights as an employee in regards to such things as notice required for attending meetings, whether you can be accompanied , the feedback in writing you are entitled to etc.