Is this constructive dismissal? Dh asking for a friend.

[Mummyoflittledragon]

Dhs friend was called into a meeting with the hr manager this week. The hr manager announced senior management had noticed his performance had dropped and he was being put on a Performance Improvement Plan. He’s had no warning, no 121 meeting with his boss, who was not present and no sit down documented performance review this calendar year. He was then told that if he didn’t want to continue working there, the company would pay him until year end and he could have a day off to think about it. At no time was he offered paper work or details of the offer or performance plan.

The friend has been employed at the same company for around 15 years and is a manager. The friend isn’t a union member and dh would like to know if this is constructive dismissal and what steps his friend should take. So far all dh has advised him is that he should go to work as normal.

Any advice please, thanks.

Sounds like it might be. Best to speak to HR and also an employment lawyer

◦	conduct that undermined trust and confidence (i.e. offering an incentive to resign to avoid performance managing capability),[35]

I don't think its constructive dismissal, which is very hard to prove.

If they dismissed him outright, it would be unfair dismissal, especially as he has no previous warnings or alerts regarding his performance.

It seems they are offering him a settlement agreement - leave now and we will pay you til year end.

Thanks. Dh is seeing his friend later. They’ve managed a lot of people out. But we haven’t heard of this happening before. This could perhaps be explained by a change in hr manager. Will pass over your advice.

rollNsausage

Didn’t see your comment when I posted, was chatting. Isn’t it usual to prepare the offer first before the meeting though?

It’s a bit confusing because they seem to be playing it both ways ie trying to get him to agree to leave, hence agree a relatively measly settlement.

In any case, I think he needs to see an employment lawyer.

It depends. What does his contract say about performance management? Is there a policy in place and is the company following it? If not it could potentially be interpreted as constructive dismissal.

Nothing in the contract. It was written a long time ago. Idk if this is following policy. It’s not a small company and he could find out. Thanks.

Some advice (Sorry on mobile so apols for typos)

Find out their grievance policy

Put all relevant facts into a Grievance document re PIP being a complete surprise having worked there for 15 years with satisfactory YE reviews, exemplary conduct, xyz awards for contributuon over the years the most recent being xxxx (as relevant) and submit it according to the policy. This signals to the employer he strongly disagrees with their action.

Await their response as they will either try to push back and march him down the disciplinary route or kick it into the long grass.

If they give him the PIP with tasks to complete and deadline- he must document everything achieved on a weekly basis to evidence compliance to the PIP. Send by email and always a bcc to his own personal email acct If they fail him then they have to evidence on what basis.

Contact Acas and give them all details to get their advice.

I would not get fixated on CD for this just focus on completing the PIP.

3 months salary after 15 years - they're trying it on. Play their game, to the letter. Don't let them pull the wool over his eyes. They are trying to manage him out. He needs to dig his heels in and not budge

Whatever offer they make it needs to be backed up with a legal document. He mustn't be forced by them to sign something in haste eg on a very tight deadline with no legal advice. It needs to be Ex Gratis ie non-contractual so it is gross non taxable.

@daisychain01
Thanks. I’ll get dh to pass this on. I agree on the 3 months being derisory. For me, the whole thing this is trumped up and purely a financial decision. Hr starting a PIP being a way of not paying as much as they’d have to on a handshake “mutual decision” negotiated with an employment lawyer.