Am I being unfairly dismissed?

[offlikearocket]

Last week I was called to attend managers (1 above line manager) office and told that they were not happy with my performance and told that I could either take a lesser role or have an exit package. This was a bolt out of the blue. I have been there over 12 years with no performance issues, I had a positive appraisal in January with no issues raised. My line manager has given me supervision but not discussed any performance issues. I was sent home from the meeting on garden leave and told to come back in 3 days to discuss what I wanted to do. I have obtained a copy of the performance development policy and I have not been subject to this. Can they do what they've done? I have contacted my union and waiting for an officer to call me back. Please can anyone offer some advice?

Am ex HR professional and this sounds very dodgy to me...if there is a performance development policy and they have not followed it they are being unfair. Def do not speak to them again without speaking to/having union rep with you. If they in essence want to demote you or dismiss you for poor performance they need to have addressed the poor performance with you and give you the opportunity to improve. Get a copy of your appraisal - if you do not have one already. To send you on gardening leave for this sounds madness to.

Sounds like they are trying to cut costs/headcount without paying redundancy. If you want to stay you have good grounds to question their approach. If you are thinking of leaving anyway you may be in a good position to negotiate a "compromise agreement" ie the exit package they were talking about - a cash payment.

Def, def do not do/say anything without having spoken to your union rep. Chase union if they do not get back to you.

Good luck.

Many thanks. I have a copy of my appraisal and having looked at it again it's a really good one. My last supervision was positive and I have a copy of that too. Would it be better to consider exit package or persue along employment tribunal route? I just hope union will be helpful, but I'm concerned that I'll get someone who isn't capable of fighting my corner at this level. The union is the RCN and I've rung them several times over the last 8 days to be told that someone will ring tomorrow...

Have they specified what it is about your performance that they are unhappy about (eg is it gross misconduct?)

Is it private or public sector?

It's private sector.

Performance issues were around not being as highly visable as others in same role, i.e not pushing myself forwards. There's no misconduct. I have maintained a really successful environment and when I tried to say this manager cried me down and said it was down to others. I really disagree with this. Basically she said that the area I manage is to become a flagship service and I won't be a part of it - go on garden leave and consider the 2 options.

I have not yet recieved minutes of this meeting (which she conducted on her own) and its been 10 days since now. She has indicated that she will send minutes but I would have expected something by now even though it's been easter.........

Don't see her on your own again. Make your own notes on the meeting, because she will try to deny anything you pull her up on.

Agree don't see her on your own- take a union rep if you can, but a supportive friend otherwise (doesn't have to be somebody from work I don't think- may be better not to have a work friend there if the environment is toxic and if you can't rely on their loyalty)

Definitely take notes of any meeting yourself or have the friend do it.

It also sounds to me as though they are trying to cut numbers without paying redundancy. I once worked in a company that did this to about 15-20% of the staff over the course of a few months and fell victim to it myself when I was too young and innocent to react in a self-preserving way- I just went meekly.

Definitely hold out till you can have contact with your union rep. They will try to speed it all up to the point where you sign your job away. Dig your heels in and refuse to sign anything before you've had legal advice.

There a few lawyers about on MN who may pop up soon. Good luck- hang in there and refuse to sign anything.

If you can send her an email do so, and cc it to HR.

Simply state that you are very concerned that she has decided to either unfairly cut your salary or to unfairly dismiss you and that this is counter both to UK Employment law and to the Performance Development Policy of the organisation.
Then reiterate that your previous appraisals and performance reviews have all been positive so you are wondering what the genuine reasons are behind the stance being taken.
Regardless of reasons, neither you, your union, or your legal advisor will accept any actions by the firm that are not in accordance with UK legislation and as such you see no purpose in attending any meetings to discuss these 'options' as you do not want to be complicit in illegal actions. As such you consider the matter closed and appreciate confirmation of the same. Further, unless unfounded allegations are explicitly withdrawn in writing, your next step will be to raise a formal grievance against X for her actions, fully supported by the union. I'd also put that you are very disappointed that you have been treated so badly, given that your efforts over the past 12 years with the organisation, and that you suspect the issue has arisen as a result of error or inexperienced management rather than any genuine concerns - especially as no concerns have ever been raised with you, and you have never been asked to address issues/improve performance during all of these 12 years. Should there be any performance issues you would appreciate that the organisation raise them now in writing, with evidence, together with a development plan to address them and to monitor performance, subject to discussion with your union rep on whether such 'issues' create detrimental performance at work or not.

All of the above needs to be toned down/up to reflect both how this was all raised with you and how strongly you think they need to get the message.

That, of course, is if you want to stay there. If you want to leave then you need to take a completely different stance, but I imagine you don't want to do that?

I don't think I would ever feel safe or comfortable working with this organisation so I think I have no alternative but to leave.

Hi. I am an employment lawyer but just about to bath kids!! Will post reply soon.

I'm not an expert but stillsquiffy's post appears to me to have some good ideas even if you would prefer to leave - you are being very unfairly treated and there doesn't seem to be a clear procedure being followed here. If you want to leave, union advice should be able to help with the exit package - dp is a union rep and sadly this seems to be increasing part of what it's about.

I also think that if you do feel leaving's your best option, you should find out what sort of redundancy they should have offered and compare this to any exit package/compromise agreement - don't let them fob you off too cheaply.

When an employee's performance is not up to the standard required the first thing any half decent employer or manager should do is tell the employee in question formally, as soon as the issue arises . The employee should be told exactly what they need to do to improve, and ideally offered help and support to bring about this improvement.

This kind of 'performance' bollocks you have experienced should NEVER come out of the blue if it is genuine -- it seems to me they want to get rid of you, which, I'm afraid, is extremely tough on you. If you are in a union your first step is to involve them (and start talking about constructive dismissal.) If it is found that you have been dismissed unfairly you may be entitled to more than just the severance package you have been offered, tribunals can make extra awards for for mistreatment, injured feelings and so on.

As your last appraisal in January was good, ask for chapter and verse on how your work has deteriorated in the last five months. And if the 'visibility' card they are playing had not been mentioned up to now, ask why you hadn't been told how crucial it was.