Not sure what to do, quite

[advisemepls]

I have a capability hearing next Wednesday, which to my and most people I know minds is ridiculous as the issues are mad - things that any normal employer would expect to raise informally. I am been on this preocedure for three months and have, I know improved at all the things I was pulled up on. No training has been offered and support has been limted to monthly meetings where my boss simply gave me a list of things she felt I hadn't done adequately. So, I would go off and spend a month doing them properly! Anyway, one of the issues was that I had let two of the staff know I was on a capability procedure which 'undermined confidence in me as their manager'. Fair enough and I have stayed quiet about it ever since - to be honest I think they've forgotten! The problem I am facing is that I am allowed to take a representative with me who can be a union rep (don;t belong to one - it is discouraged) or a 'fellow employee'.. The only fellow employees are the staff I line manage who aren't supposed to know anything about it anyway! It is a tiny workplace, I am second in command and there is a board of trustees above my boss, one of whom, of course she is taking along. Who am I supposed to take???

anyone?

Can you join a union so that someone can come along?

I did actually try to join a union before christams as I had a feeling that she would try something like this but when i called them the other day, they said they hadn't received my application - and you have to have been a member for a month before they represent you, whcih is fair enough..

Your representative can be anyone you so please, not just a fellow employee or union member. I would also recommend you get on to ACAS as they will help you with all your employment rights. They really are very good, they helped me get the correct redundancy pay when I was being offered an incorrect amount.

the representative can't be anyone. Legally it has to be a union rep or fellow employee but they can't stop you chosing one of the people you manage, if that person were willing to do it. Although they could allege it was inappropriate, it would be very dangerous

What hilda said. Ask one of your team or another trustee would be a good option as well.

They've changed that recentlyish then. My mistake. I would still highly recommend ACAS.

It's such a dodgy situation, I have been speaking to a union rep friend who seriously feels her allegations are so laughable that a tribunal would be aghast. He has advised that I must put in a grievance asap as well. I rally don't want the staff involved, it would be hideous for them and me. Thanks for you advice!

It is perfectly acceptable (if there is no one within the company suitable or willing) for you to request if you can bring someone else from outside the company as a witness. This could be a friend or someone else you trust - they may refuse, but if this esculates it will not reflect well on them. I would seriously consider raising a grievance

I am going to raise a grievance tomorrow - I feel this is bullying and there are some discrimination issues too - I haven't been treated the same as another employee in another matter, so I have to bite the bullet and go for it. It's horrible

This sounds very similar to my current situation at the moment. You dont happen to work for the NHS also do you?

I know this is a tough thing to go though but just keep strong. As long as you know what you are talking about and KNOW that you are in the right then you will acheive the right outcome.

I wish you all the best, DON'T let them grind you down. Thats the mistake i'm making at the moment :(

Sometimes the union rep might come with you even if you aren't a member, of you ask them to. We had that situation at work recently. Also, make lots of notes of meeting, and take a recording device. At the start of the meeting say "no one minds do they?" before you switch the device on. They can object, but then the objection should be recorded and can be noted if anything goes further. If they don't object then it's very useful to have a recording of the meeting. It's amazing how things get missed out of the minutes, and even of they aren't it's very difficult to convey tone in the written word.

Have you asked if you can take someone else?

Ok, so the update is that my 'perfect' boss admitted to me this morning that she had made a mistake in the procedure when first putting me on the 'capability' which makes is completely unuuable and we have to start again - another three months of me being on cpability. After I had stopped silently sniggering - as I pointed this out to her originally and she wouldn't have it - she then said 'I know this has been terribly stressful, we could just finish it now'. Half of me wants to get it over with but the other thinks a) that gives me three more months to look for a job and b) what a witch, she clearly wants me out - I can work my arse off and prove her wrong. It does give me time to get union representation though. I also put in a grievance about her this morning which has made me even more worried and wary...argh!

No, no the nhs, it's a tiny charity..

I didn't think things could get anyworse, but today my boss called me in and said a member of staff has accused ME of bullying HER! She says she feels 'unsafe' in supervisions with me. I was absolutley stunned. If anything I am too unassertive and I cannot even begin to think of a way in which I was bullying or harrassing her. I have no issues at all with any staff (as far as I know) and this woman is leaving quite soon. She has only been with us for 8months and to be honest, made it quite clear from the beginning that she probably wouldn't stay very long. there was an issue when she started where I made a couple of mistakes with her induction, but I felt they had been ironed out. It's just ridiculous. what on earth do i do now?

Anyone?