PIP at work- devastated and discrimination?

[Greenergrass40]

Sorry for the long post but I’m feeling desperate and if you can make it to the end I’d be grateful for any advice.

I notified HR over a year ago that I was suffering from extreme anxiety and depression likely due to peri menopause. They said I could take days off or work flexibly. I worked flexibly occasionally but attended therapy for 9 months. HR checked in with me at 6 months- I responded I was still unwell, attending therapy and trying different meds - no response from HR or contact since.

I was put on a difficult project at the end of last year. Managers have since put in writing that it was difficult and they were aware I was under a lot of pressure. I flagged this verbally several times and received no help. In writing they downplayed the pressure at the time.

I was asked to fit 140 hours of work in to two weeks (verbally but witnessed by colleague), I told them it was impossible and quality would suffer but they insisted- I panicked and started to drown in the work. Note the work wasn’t finished. Rushed to hospital 3 days later and now require surgery for a condition the doctor has said is likely caused by long working hours in a fixed position and stress.
Returned to work after 7 days and in my return-to-work meeting rather than offering support my line manager reprimanded me. Said my work on that project was below standard and not suitable for the client. She kept insisting I had left it finished. I told her I was aware I had things left to do on it and had flagged the issues several times. She told me I’d “pushed” her to tell me this (?).

A week of criticism every other day followed ending in a group email listing everything she considered I’d done wrong. She mentioned this was about learning and moving forward. I responded repeating the work wasn’t finished, I’d received no support despite telling them how stressed I was and how impossible the project was (as had another colleague). Line manager responded denying every point I raised. I had to go into a 1:1 that day with her and she started again, telling me it was all down to me, lying saying she’d offered to help. She ended this with no objectives set and saying we would draw a line under it.

Meanwhile I requested proper work equipment from HR (I work from home and was never given any) and was told home workers weren’t entitled to any and my doctor would have to write to them outlining my condition first. The only good thing my line manager did was push for this equipment but it took 2.5 weeks to arrive and I was told today by health and safety it’s not sufficient. I requested a desk risk assessment and was told they were too busy. Eventually I had to assess myself. Finally they assessed me today online and admitted they couldn’t do much if not in person. HSE says they have to do it in person.

The doctor sent them a letter stating my condition was likely due to work and stress and suddenly HR were having a meeting with my line manager. My annual review arrived stating I had met all of my targets but my work on two projects was not good enough (the first project I didn’t receive bad feedback for at the time and my manager hadn’t spoken to me about this or set objectives etc. I was told the client was happy). The second project she described as complete when I went on sick leave (contrary to what I’d told her face to face and in writing) and crap. She stated I’m not working to paid level.

I had a face to face review with her the next day and she brought her line manager. I asked at the start of this was a disciplinary or PIP and she said no, just a review. The whole meeting was along the same lines as every other interaction, lots of finger pointing, lying, interrupting me. She ended it by saying she put me on a “capability procedure”. I asked what was and she said she didn’t know and I’d have to google it or look on the intranet. She then tried to end the meeting. I stopped her and told her the company had a duty of care towards me, that she was aware of my condition, the impact of stress and had still decided to come to the meeting without the relevant information knowing I would be upset, stressed and would have no clue what had happened. I asked where duty of care had been considered which she couldn’t answer.

HR have since said it’s a PIP looking at capability and performance. Their intranet states capability is linked to disability and illness. I have worked for the last 3 weeks with no monitoring. If my work was that bad surely I shouldn’t have been unsupervised?

I think they want rid of me: HR because of possible liability and line manager because she’s quite frankly never really liked me and I named her as partly responsible.

They wanted the PIP meeting on Monday but I’ve delayed it. Should I put a grievance in? What should I expect?

I can’t work there anymore, I’m so stressed, sore and anxious, but also devastated because I loved that job and I was good at it.

Does anyone have any advice? Could direct me to a good grievance template? Is this discrimination?

Give acas a call is my advice.

Get hold of a copy of any policies your work have in relation to the capability process, absence management etc - such as the employee handbook. Then either print or send to an external email so you can retain copies.

If you feel you can't continue to work there, you could resign with immediate effect and try to claim constructive dismissal on grounds of discrimination. That isn't an easy route and you'll need to make sure you're up to dealing with it. Take professional advice before you do this!!

Do you have anything in writing regarding notifying them that you've been struggling, requests for equipment etc? If so, download or print them.

Depending on what Acas say, you may
then need to take further advice from an employment solicitor - check your home and motor insurance policies to see if any include legal cover.

Sorry you're going through this. It sounds miserable.

Do they have capability and discipline policies? Are they following them?

I’m sorry it sounds really stressful and she sounds like a terrible manager.

So they’ve acknowledged in writing several times that they were aware that I was under considerable pressure. I also sent an email with my concerns in it relating to timelines which they responded to by saying the timelines were flexible but then I have emails where they confirm a definite timeline with the client. Additionally I have a work allocation spreadsheet which shows I was down for 500 hours whilst colleagues were on a maximum of 150 (line manger had 24!).
i’ve had some advice to say write a grievance and submit before the meeting and then get a solicitor to try to get a severance by threatening a claim under discrimination/ unfair dismissal if they continue.

Has anyone done that?

Having acted as investigating manager in a number of workplace grievances whilst at my previous company (a very well known UK FTSE Top30 multinational tech/comms company) I would advise the following:

• get hold of all the relevant processes, policies and procedures for your company, read them thoroughly and identify any areas where your line manager and/or HR failed to comply/ follow the steps
• have to hand all documentation from your side of any discussions you had with your manager and HR - these are contemporary records of what was discussed and should help you demonstrate you flagged your concerns on multiple occasions with no/an inadequate response
• as part of any grievance procedure you should be allowed to be accompanied into any meetings/interviews/hearings (a colleague, union rep etc) - make sure you do this as they can make notes for you, ask for clarification around the process and give you moral support even if they aren’t able to speak on your behalf
• request details of all documents/records that your manager and HR have relating to this situation. You should have a clear set of objectives that have been agreed between you and your manager and there should be records/notes of the conversations between you where your manager has raised their concerns about your performance. Invoking a formal process like a PIP should NEVER be a surprise but rather the culmination of a series of discussions and unsuccessful interventions to improve performance before being formalised in such a way.

The documentation point really could be your smoking gun here. In most cases I’ve investigated (2 relating to grievances around redundancy and 3 for disputed poor performance ratings in annual reviews) it has been the failure of the manager to properly document and record discussions and any agreed actions and interventions/expected improvements and next steps that has seen the grievance upheld. In one case in particular, it was relatively clear that the individual who raised the grievance was not consistently performing to the level expected, did not have the skill set for the role and frankly their attitude (as well as their attendance record) was terrible. However, because the manager had failed to properly make notes of their regular catch ups they had held to talk through the performance issues and had failed to agree (and document!) a clear set of goals/objectives for them to be measured against for that particular performance period, I was left with no alternative but to uphold the grievance and they ended up being awarded their full performance bonus (worth £0,000s)!

Hope this has been helpful. Best of luck OP!

Re question on severance, that depends on whether you want to stay working there? Raising a grievance is obviously not the most conducive to a productive and pleasant relationship with a manager but you are entitled to do this and (in theory) this should not be held against you, regardless of the outcome.

I wouldn’t rush in to threatening legal action. See how the grievance plays out. It may be they decide to offer a package anyway as a quicker and ‘cleaner’ way to bring this to a close. Should you go down that route, make sure any agreement includes you pre-agreeing the wording of any reference they would provide to future employers.

@gillefc82 thsnk you!

regarding documenting discussions, objectives, next steps and interventions, none of our meetings have ever been minuted, in none of them before now has she raised ANY issues with me, no objectives have ever been set. In one email in April she raised a concern about something and I responded that I had been completely unaware of that requirement which she responded by saying ok, here’s a link (the link was to something else). In our meeting this week she and her manager agreed it was not my fault that I did not apply a process which they agreed I had been unaware of.

She hasn’t even minuted the discussions she’s had with me since I returned. No objectives have been set apart from what she wrote in my review on Thursday and the objectives applied to the whole organisation. One was going on a Microsoft course and one was to read and apply processes which she admits have only just been written and will be rolled out soon.

I raised two concerns about this project in writing. One was about timelines being set with the client and my inability to meet them to which her manager responded that they were flexible (despite his assurances to the client in writing), and one related to her manager effectively hiding hours from the organisation so they wouldn’t be aware of how many he was cramming in to our schedule. I questioned the number he had added pointing out there should be 60 more and set over a much shorter timeline and he responded by adding a few more and then ignoring my email when I pushed on it.

Because she didn’t minute anything all my other concerns weren’t documented (yes, kicking myself now) but another colleague witnessed all of this and also raised similar concerns (she is disgusted with what’s happening).

The company policies are frankly shit. Very little detail, all a bit confused, nothing outlining manager requirements etc or steps that should be taken before this.

This PIP was a complete surprise. She even told me we had drawn a line under it. The meeting she held on Tuesday, after HR receiving my doctors letter, was where this was decided by them.

I have emails from my line manager from this period thanking me for all my hard work.

I would need more than my bonus as pay out in a severance and the prospect of being unemployed is terrifying but the behaviour of both these managers and HR has been awful and I don’t see any way of there being a come back from this.

Oh, but I should add although my concerns were not minuted she has referred to the pressure, the difficulty and the complexity she was aware I was dealing with in emails since I’ve returned.

Finally (I should be trying to sleep but keep waking up with my heart pounding!), the standards they’re applying to me aren’t being applied to a colleague on the same project. She didn’t apply a client style (because it wasn’t requested and neither of us have had experience of it) and the work she and the manager sent to the client had multiple errors in it and has had to go through countless revisions. I didn’t even send mine to the client because I was aware corrections had to be made. I have emails documenting some of the revisions theirs had to go through. My line manager wrote in an email that it is NEVER acceptable for there to be errors in a spreadsheet after the the work has been internally reviewed, but her line manager and this colleague went through 5 revisions for one document because the client kept finding errors. Plus, I wasn’t the reviewer! She’s also said the number of errors before review should be minimal, however they’ve only just written a guideline in this and they haven’t quantified this before.

You've had some good advice on here. I was thinking about this after I posted and I think a settlement agreement is probably the best outcome here.

It sounds untenable. It also sounds as though you've done a lot to try and make suggestions and put resolutions to them. If you don't have supportive, reasonable leadership and you're dealing with pressure from all sides, it's not going to be sustainable, health issues aside.

I wouldn't fancy trying to unpick this from a company perspective as hr. The lack of any documentation is problematic. I'd be recommending that we try and mediate initially, but potentially a settlement later on. I would not want to go through tribunal in these circumstances!

Really feel for you. Really hope you are in a union, get them on your case. Everyone out there, I know from bitter experience that everyone needs to be in a union as managers can be total bastards and you don't know what might happen in the future. My friend was effectively sacked for becoming disabled, once the process began it was too late to join a union and get their assistance and legal advice, you need to join before the shit hits the fan. Best of luck OP.

@Midlandshippymum unfortunately I’m not in a union but I do have unlimited access to legal advice (via insurance) and some means to pay for legal representation (although the prospect of using my savings on this and being left unemployed is terrifying).

I’ve bought myself some extra days to submit a grievance and I plan to draft it today with all the really helpful advice you’ve all given me. Thanks so much!

I’m speaking to three solicitors on Monday and I’ve referred myself to mental health counselling. I may also book a doctors appointment to discuss being signed off - would that look bad on me, prove I’m not capable though??!

I’ll look in to their mental health policies as well. They pride themselves on how they deal with mental health which is a joke.

Maybe I was naive but I’m truly shocked with how people with illness and disability can be treated. I honestly believed that people with illness had to be protected. Silly me!

One thing I’m not sure of, I was advised that because I have suffered with mental health for more than a year that it would be classed as a disability and therefore a protected characteristic but I read that it’s only if it stopped you performing day to day tasks - does anyone have any insight?

I’ve been scribbling down points during the night but I’m still very much open to opinions and advice if anyone has any that would help.

Thanks so much.

I think a settlement agreement is your best course here. You don't want to work there and they appear to want you gone. What's your notice period?

@Crazycrazylady 3 months. I’ve just been checking whether then can force that to be reduced but as I understand it they can put me on gardening leave or pay me in lieu but they can’t reduce the period.

Honestly, reading through this I agree with @Crazycrazylady. A settlement agreement is the best way for this. A PIP is the start of a slippery slope out of the door. The relationship with your employer is broken and probably best to cut your losses with the best SA deal you can get - if your employers have not followed procedure they should be open to this.

Your contract should have some details on what you might be able to get - length of service often comes into play here. An employment solicitor\ACAS will be able to advise well.

I'd suggest documenting everything, with a timeline, as you have above so that it's really clear for anyone independent to review. It will also highlight the gaps in management's documentation.

Going forward, follow up all conversations with an email reiterating what was discussed and set a read receipt on them so management can't claim they didn't receive it. You can word it to give them the opportunity to correct/refute if they disagree with your summary.

As a PP said, I've had HR over turn decisions in the past due to a lack of documentation. I took over a team and had to deliver an end of year performance ratings of not performing (which had already been decided by the previous manager). It was a complete surprise to the colleague as not a single conversation had been. They appealed and it was immediately overturned.

I’m been going through emails- at the start of Covid HR emailed me regarding home working and sent me a health and safety workstation notes (a diagram of desk set up) but said it was my responsibility to arrange an appropriate workstation, I couldn’t have any IT equipment or office equipment to help with this and I could not expense any costs to the business and I should pay for this myself.

The HSE site says “In law, employers must:

• do a DSE workstation assessment

Incorrect use of DSE or poorly designed workstations or work environments can lead to pain in necks, shoulders, backs, arms, wrists and hands as well as fatigue and eye strain. The causes may not always be obvious.

(note I have a spine and arm injury)

Additionally,Your workers may complete a self-assessment provided they have been given suitable training, for example by explaining how to use an ergonomic checklist or self-assessment tool.But you should check if their own equipment is suitable.

(all I got was a picture

Where your DSE workstation assessment indicates you need to take some action, for example providing a piece of DSE equipment, your workers cannot be charged for this.

Have I got them on this??

Re: being unemployed, I think you have to accept that you will be managed out, or are certainly at the start of it. So your best bet is to walk away with an agreed reference and as much money as you can get.

One other thing to mention, in my experience where a settlement agreement has been deemed to be required/appropriate, the company themselves will pay up to a certain amount for you to get legal advice and give you an independent review of the agreement. At BT they also gave you a list of reputable employment lawyers in the UK that you could contact, but you weren’t obliged to use one from that list.

This funding may not be the case in all companies but should it get to the point of settlement agreements, it would certainly be worth asking the question. After all, if they are the ones agitating for you to go it’s not in their interest to drag out signing and finalising the SA and if you would struggle to pay for this instruction yourself that could cause delays.

@Greenergrass40 if you do decide to get signed off make sure the reason the Dr puts down is work related stress and exacerbation of … due to failure to do DSE assessment.

Make sure you refer to the log showing hours you are expected to work vs others. 150 hours in 2 weeks is completely unreasonable etc.

Thanks everyone. I’ve spent stupid number of hours glued to my computer today trying to draft the grievance and review policies.

I can’t even find a PIP policy! They have a disciplinary policy and a capability procedure which my line manager said it was, but HR said PIP. So I won’t know if they have complied- any idea what I do??

capability just says there are five steps, the first is the informal step. That’s the level of detail!

It certainly looks like they haven't met the requirements for the training/awareness and asking you to pay looks like a clear breach of the regulations. Nice of them to put that in writing too! 😊

We do our own assessments from a checklist questionnaire annually and every time we move desks. There's one for the office and one for home. We also have annual health and safety training which includes how to set up a desk correctly and is mandatory for everyone. Sounds like they're coming nowhere near that!

@ServeMeTheSky yes the law says that’s acceptable if you’ve been trained. I’ve never received training.

@Greenergrass40 A capability policy will probably include a PIP stage, so only one policy. It could also be in a performance management policy.

Email HR and asking for the policies if you can’t find them.

Can anyone advise what I do about emails, documents etc? It’ obtains confidential information but I need my solicitor to see it.

Do a GDPR Subject Access Request. Go straight to your Data Protection Officer don’t alert HR.

WRT policies. I would email HR and state you advised me on x date that I am on a PIP but I cannot find the policy please can you provide me with a copy of the pip policy and procedure along with any other relevant policies.