HR HELP PLEASE

[Beckxx]

Hi,

I’m new to posting so apologies if it’s that obvious!

My partner has been placed on a PDP and his final meeting is one week before he passes his 2 year employment period. To be honest it’s more than obvious he will be dismissed for capability which is completely unfair. All the issues seems to have started when his old manager left and his new one has taken an obvious disliking.

Personally, I believe he was taken on due to a big project the company had never faced before and this may have always been the intention.

I do think he would have a good case for unfair dismissal if he could get past the 2 year service. I know people may say the obvious solution would be to go off sick but there is such a stigma attached!

Can anyone offer any advice please x

Unfortunately there are a lot of unscrupulous employers and so you are probably right that they will try to end his employment within the two years.

What date does he pass 2 years service?

I know people may say the obvious solution would be to go off sick but there is such a stigma attached! Why is this an obvious solution? Are employers not allowed to sack people if they are off sick when they have been employed less than 2 years?

There will need to be an appeal route allowed as well, usually at least 5 working days after the initial meeting. That should then take him past his 2 years?

Call ACAS ASAP and a lawyer if he can afford it .

Also they normally would delay meetings if someone's off sick that's why - yes I've seen people go off sick normally with stress .

@stevalnamechanger

Call ACAS ASAP and a lawyer if he can afford it .

Also they normally would delay meetings if someone's off sick that's why - yes I've seen people go off sick normally with stress .

They can have the meeting in your absence so it’s not always a great strategy.

Hi there
I'm an HR manager - he won't be able to appeal the decision as it'll likely be under 2 years - therefore not a formal performance process. Additionally, as you say, he's under 2 years service so not Able to claim for unfair dismissal either.
I would advise not going off sick - people seem to think this will help but it doesn't as there has been no previous concerns raised with mental health/disability so couldn't be deemed as discrimination therefore they can still dismiss even if signed off sick. The sickness hasn't impacted his poor performance.
I know it's rubbish but if they've managed this with him, had regular conversations and shared feedback and still no improvement then the company are within their rights to just dismiss. Even if he tries to elongate the process, that won't work either as once the company has made that decision then that's it. Let me know if you have any other questions!

In dh's old employee handbook from 2017- going off sick during a disciplinary/performance review would not prevent it taking place or the appeal continuing, and if they felt that the illness was not genuine they reserved the right to withdraw contractual sick pay and potentially SSP too (although they don't specify how they'd prove this).

Hi there

There is actually a little known about piece of law that says if someone is dismissed one week before two years' service, their service will be extended to take into account their statutory notice period of one week (even if they pay in lieu of notice). This could tip him over the two years' service requirement.

Can you let me know:

• his start date
• date of the meeting
• date you think he will be dismissed

I can then let you know if I think he will be covered