Help - just got an unexpected summons for Unsuitability Formal meeting

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When I first read the email I thought it was a Capability Meeting as this is what they talk about in the staff handbook, and I was emailed to come for a Formal Meeting within 48 hours to discuss concerns about my performance and my ability. They then clarified when I asked about the process that it was one meeting during which they will decide if my employment will be terminated due to unsuitability to the role

I've been in the role for 18 months and am technically very good at the work, but there have been recent issues with a new boss, which I thought we had resolved. ie unclear internal structure around decision making, and they consider me to have overreached my remit

1. Does anyone know on what grounds they can dismiss me for this? ie what prep do I need to do?
2. And why I am not allowed to take a friend, which I would be if it was a Capability Formal Meeting (ie as outlined in our handbook for poor performance). Just a union rep (we don't have) or a work colleague.

Any other advice? I haven't been in this situation before and to be honest am a bit gobsmacked. I am also concerned they have made up their mind if they have leapt to this so fast, rather than there being room for discussion and agreement re moving forward.

I really love the work and am happy to make considerable behavioural changes if that is what is needed

ps I am a long-standing regular Mumsnet user from babes to teens and beyond! But have namechanged for this

Hi op

Going from my own experiences of managing meetings and situations like this-

We call capability meeting "formal meetings" even if it's a stage 1 or 2. Stage 3 is when dismissal is an option UNLESS the situation involves gross misconduct

Do you have a copy of your handbook/policy for hr? Does it give potential outcomes

I would narrate a stage 1 meeting as a formal capability meeting,Stage 1. Maybe their wording is incorrect? Or misleading.

Have they said this is gross misconduct?

Previously I was investigating a case of gross misconduct and i advised the individual that I was so conducting an investigation and should this be deemed gross misconduct a pore goal outcome was to be fired so everyone knew where they stood

Sorry if I'm waffling hope I've helped somewhat

”1. Does anyone know on what grounds they can dismiss me for this? ie what prep do I need to do?”

They don’t need grounds. Because you have only been there 18 months, they can just dismiss you if they want to, as (other than limited exceptions, for example if there is discrimination involved), you don’t have the right to claim unfair dismissal.

”2. And why I am not allowed to take a friend, which I would be if it was a Capability Formal Meeting (ie as outlined in our handbook for poor performance). Just a union rep (we don't have) or a work colleague.”

It’s very unusual to allow people to bring friends to this type of hearing. Legal requirement is a union rep or work colleague, which you say they are allowing anyway. And again, as you have no right to claim unfair dismissal anyway, there’s not really anything you could do about it.

Sorry. I think your best bet is to say what you’ve said here- that you “really love the work and am happy to make considerable behavioural changes if that is what is needed”.

Have you had any written warnings before hearing about this meeting, or been on any performance measure, OP?

The way you talk about 'considerable behavioural changes' makes me think that something has been going on already.

Thanks all - I've not had any written warnings but there has been a considerable change both in staff, and in organisational structure and quite a lot of miscommunication.

They have said it is an Unsuitability meeting not a Capability meeting - and sadly our Staff Handbook only goes into detail about Capabilitiy meetings (and sounds very fair) and there is nowt about Unsuitability meetings.

No mention of Gross Misconduct just concerns about performance and my ability to fully undertake the full range of duties and saying that my contract may be terminated due to unsuitability.

Ironically I really love the work and am keen to keep the job if there is a way of doing so in the new structure.

Sorry not to come back sooner - just been in a bit of a blue funk and talking to sister. It all feels so strange and not a normal way to do things from what I understand

OP it doesn't sound positive from what you've written. IME once the formal Capability begins, it is because they have already determined what the outcome needs to be.

As stated upthread, because you haven't completed 2 years' service, you don't have the same procedural protections in law (unless discrimination involved) so they could decide to part company. The fact they are using the process isn't unusual. It ensures they are seen to be doing 'more than' they need to (even if it's somewhat academic if their outcome has already been decided).

If informal conversations between you and management have already taken place re your performance, I'd attend their formal "unsuitability" meeting and see how it goes. If you feel it's a foregone conclusion, then it may be best to negotiate an amicable departure on the basis of a bland reference (ie dates of employment, job role confirmation). Provided they honour your contractual notice period, they are unlikely to offer any extra payment.

As a matter of interest, how long ago did you get the sense things weren't going well? It is common for a new manager to decide they want to change existing staff. They look for the "weakest link".

From what you've described, sounds like you tried to be empowered and use your initiative, and they've taken it as you over-stepping the mark. Sort of 'damned if you do, damned if you don't'. A stick to beat you with. If they turn that into gross misconduct to dismiss you under that policy, ie not pay your contractual notice, run it past ACAS to get their opinion/ guidance.

No experience in this field but could you ask them what the process of such a meeting is etc as you can't find any guidance in the staff handbook.

It sounds like they are using you being emoyrd less than 2 years to dismiss you. What you need to check is of they are getting rid of your role all together and if so would you have been entitled to redundancy. They might trying to avoid any pay out.

Hope this is wrong as if it, it is very poor management, but then one say you'll look back and think you'd had a lucky escape.

Swingofthings the entitlement to statutory redundancy pay doesn’t kick in until you have two years’ service, and it would be unusual to have contractual redundancy pay that kicks in earlier, so it’s unlikely to be that.

this exact same thing is happening to me. it is more common than you think. I am in a post merger/new manager type scenario and indeed they are looking for the weakest link. i have explicitly been told i have no rights as I've been there for less than two years.

Like you I actually like the job and am mostly good it it, though it took me a while to get used to the new systems/ways of working.

i took the approach of being as constructive as possible and listened to their feedback with an open mind. this appears to have been the best approach but unfortunately i have had to take a pay cut and a demotion. It is absolutely galling but I'm hanging on in there for now. If I had fewer responsibilities i would just leave but I'm not in a good place - emotionally or geographically ! - to just walk into a new role.

you have my absolute sympathy, it is shit.