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I lost my job yesterday.

104 replies

auldfuckingspinster · 20/01/2017 15:52

Dismissed due to 'poor performance' as there was a particular aspect of my job I couldn't master. Had worked there since February 1998. Shell-shocked.

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languagelearner · 22/01/2017 16:45

That is great news! But you can still work on your alternative plan, just in case.

Stripyhoglets · 22/01/2017 16:54

I'd look at an unfair dismissal claim for discrimination but also look for a new job. Civil service sounds terrible at the moment and I'm in different public sector so know how bad it is and it's not going to get any better!

notaflyingmonkey · 22/01/2017 17:00

Make sure that you get the appeal lodged in time (it should be on the ACAS website), and get everything written down now while it is all still fresh in your mind.

Is you union going to represent you - you should get that confirmed in writing.

Turquoisetamborine · 22/01/2017 17:09

I can't say much but it really isn't hard to be finished from the civil service anymore.

Take it to a tribunal. Someone I know did and got his pension reinstated. Was really worth it.

BrowsOnFleek · 22/01/2017 17:10

Auld - as a CS working in HR, if you asked for adjustments to be made and they were not then you have a really strong case! Particularly as you have recommendations from OH. Although you'll need to show that these were not made. The CS is not keen on tribunals relating to disability discrimination as IIRC there is no cap on the payout.

fluffiphlox · 22/01/2017 17:32

I believe that there is Cabinet Office pressure on departments to lose something like 10% of civil servants. So, it is increasingly easy to lose your job. Hope you get this sorted.

auldfuckingspinster · 22/01/2017 22:27

I'm going in with my mum to pick up my stuff tomorrow. Morale has been rock bottom for ages with real terms pay cuts for the last 7 years and the raid on the pensions. Beginning to think this is a blessing in disguise. Still going to appeal though as they've fucked me over good and proper!

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Gasp0deTheW0nderD0g · 23/01/2017 07:43

Good luck!

auldfuckingspinster · 23/01/2017 09:08

Could they offer me a more generous ex gratia payment to avoid the industrial tribunal route?

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AndNoneForGretchenWieners · 23/01/2017 09:25

op you can appeal to the Civil Service Appeals Board for a more generous settlement based on the lack of reasonable adjustments. However by doing so you will be accepting that the dismissal was warranted - so go down the appeal against dismissal route first.

Get your union rep to contact Thompsons solicitors and get your legal advice sorted. Then make sure your appeal is that it was unreasonable to dismiss because OH had identified reasonable adjustments and they had not been implemented during the improvement periods specified after your first and second performance warning. Was your action plan realistic? Did you agree with the action plan and meet most of it apart from this one aspect? If so then they should have given consideration to a managed move - not doing so is again unreasonable. Has your department signed the Time to Change pledge? If so, highlight that in your appeal and that you have been discriminated against because of your mental health problems.

Ask your rep to get the equality and diversity stats from your department on the performance management outturns - if you can show that most people (or a higher than average percentage) in "must improve" MPP are over 50, disabled, BMW, part time, then that shows that the system in your department is inherently discriminatory and they have breached the Equality Act by applying it.

Go through the procedure with a fine tooth comb and highlight any areas where they have not applied it correctly, it's usually fairly simple to find at least one because the processes are rarely followed to the letter.

Good luck, IM me if you want support. I am a very senior rep in the civil service and have fought lots of these cases. Most I win on process but have got some decisions overturned on mitigation. I am currently negotiating a change to our own PM system with management because of the discriminatory aspects.

BrowsOnFleek · 23/01/2017 09:46

Gretchen's advice is spot on. They will be extremely worried once you start to get solicitors involved. The legal department is likely to make a recommendation on whether or not they will win at tribunal, and if it's likely that they will lose then a settlement may be arranged. Good luck!

SuperFlyHigh · 23/01/2017 09:52

All the advice here is great, however I would say (from others points of views) transferring from civil service to private corporate work can be a bit of a transition.

I had a friend go from a big London museum to a global insurance company where though salary etc higher there were all sorts of internal cliques and rules. She was got rid of and now temps for a central government dept in London.

You have lots of skills though.

auldfuckingspinster · 23/01/2017 10:31

I have worked in the private sector prior to the Civil Service. Copied this thread to my union rep, thanks again for all your advice!

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AndNoneForGretchenWieners · 23/01/2017 10:43

And of course BME not BMW. Just noticed that autocorrect fail.

daisychain01 · 23/01/2017 11:33

auld you sound like a great catch for any company, your skill set is varied and loads of experience to boot! You are ultimately employable.

Please sit down asap and "brain dump" all the facts, dates and events about your circumstance into a document (and security copy it at least in 2 separate locations. It's great you feel strong to appeal, more power to you. The critical piece is reliable consistent facts, chronologically noted. Keep it brief and to the point.

Try not to be tempted to think in terms of quantifying any payment. Focus only on creating your case for appeal. Worry about the payment later down the line.

If you have a strong case, then things will follow on positively from there.

As you know, ACAS won't give you advice, only guide you on law and process plus Employment Good Practice (to help you recognise if your employer has not been fair and reasonable).

My advice is to do as much of the heavy lifting yourself in terms of capturing the facts and creating your case, only then run it past a legal expert, so they are just looking for any gaps, anomalies or clarifications needed. It will save you ££ and it will increase your confidence to know it has been validated by an expert.

Flowers to all who have gone thru shit like this, it's horrible.

notaflyingmonkey · 23/01/2017 13:35

Another one to say that Gretchen's advice is spot on.

languagelearner · 23/01/2017 17:07

If you go onto LinkedIn (the site) you could follow the recruitment specialist LIz Ryan, although US based she writes in a very inspiring way. The trick with LInkedIn (in my personal opinion) is to follow many, many companies in the sectors you're interested in plus some recruitment firms in the same sector, and - for morale - some inspirational writers (it's called "inspirational leaders" I believe). I found LInkedIn a bit empty before, but now I follow about 200 companies and 10 "inspirational leaders". If possible, try to bump up your number of contacts above 50, there's a limit, I believe, sorting out those with fewer contacts than 50 from HR search firms' search lists, it doesn't need to be your best friends. Try to include a couple of people with really many contacts (500+), it doesn't matter if you know them only superficially or even on the internet, but don't just add anybody at random (it's a trade-off).

SuperFlyHigh · 23/01/2017 18:38

auld well that's good to hear re private work! You must know the 'civil service crowd' though I had loads quiz me re life in private sector who seemed to think we were on huge salaries if only!

auldfuckingspinster · 23/01/2017 22:05

I've temped long term at BT, RBS and Bank of Scotland in the 90s.

Culture has changed a hell of a lot in my dept - recruitment used to be the case of a job coming up and if someone knew someone that needed a job they'd get interviewed and usually get it. At one point I worked with 2 sets of 3 siblings (one of each ended getting married). Oh and some of my younger colleagues used our filing room which was in a different part of our large govt office building as a knocking shop.

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auldfuckingspinster · 23/01/2017 22:08

In between all this I studied Midwifery and Nursing so I have spent time on placement in the NHS.

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Newtssuitcase · 23/01/2017 22:16

Gretchen is correct in a lot of what she says (in particular that you should appeal) but I disagree that in asking for a higher settlement figure you would be accepting that the dismissal was warranted. That's why solicitors have without prejudice conversations and write without prejudice letters. I am an employment lawyer and do this day in day out.

auldfuckingspinster · 23/01/2017 22:19

Did Midwifery as a naive 17 year old in one of the first direct entry cohort, most of whom were in their 30s and lived in a squalid nurses home - was miserable and lasted 9 months.

Decided age 21 to give it another shot but could only get a place on a general nursing course - enjoyed the academic side but was bullied by a dragon of a health visitor who hated me on sight. I reported it to the university but they closed rank on me and told me I was too unstable to deal with patients as I'd had a couple of panic attacks so I thought there are easier ways to make a living and quit.

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SpudULiked · 23/01/2017 22:22

Shocking treatment OP Sad

Best of luck for the future, you will be o.k Flowers

auldfuckingspinster · 23/01/2017 22:27

Newt That's interesting to hear. I don't want to go back after all that's happened but I think I'm worth a lot more than 3 months wages after all my years of service.

I went into the office this afternoon and picked up my stuff. Two of my friends had packed it up and cannily included a profiling report (the one that uses colours to describe your work approach) which will come in handy with applications.

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Newtssuitcase · 23/01/2017 23:16

If they haven't offered you anything other than your notice payment then you might as well threaten a claim. You need to contact ACAS in the first instance and register for early conciliation. They will contact your employer and tell them that you have started the process. Then the negotiations begin.

I'm not saying that you will get anything, you have been through a process and in all likelihood lawyers will have looked at it and been comfortable with the level of adjustments made in your case, however in most cases a settlement will be considered by an employer, even if it is only low level.