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Capability and redundancy

10 replies

atadworried · 26/02/2024 13:54

I am looking for wise words of advice so that I don't make any missteps in a situation I have found myself in.
Have been with company 5 years. Promoted last year, put on PIP 8 months later. Unsupported, heavy workload, told to delegate with no resource.. in retrospect I am wondering whether I missed the signs of being pushed out because the promotion and the position it created were not thought through.
Latest development is redundancy, which as far as I am concerned is fine. What I am not sure about is how the 2 things work in tandem, and whether the capability process continues if I am working notice period? It sounds a bit crazy, and yet I have 2 meetings in the diary next week, a consultancy meeting and a capability hearing.
My question is could redundancy be rescinded at this stage (there is a slight enhancement to statutory)

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Neriah · 26/02/2024 14:11

If you only have a redundancy consultation meeting then the redundancy isn't confirmed, so we would continue with a PIP unless the redundancy were agreed. But it's really up to the employer. Redundancy (viewed quite seperately) can be rescinded right up to the second your employment terminates through redundancy (although that is rare, it can happen).

It sounds like you are resigned to leaving? If so then I might suggest a conversation about an agreed exit, payment in lieu of notice and an agreed reference for you to sign a settlement agreement waiving any rights to a tribunal claim. It wouldn't cost them any more than making you redundant, you get to agree a positive reference without mention of the PIP, and you get not to have to work your notice. They don't have to agree, but it's no skin off their nose and in their shoes I would agree.

atadworried · 26/02/2024 15:07

Thanks Neriah.
I suspect this may be an option. Once that agreement is signed that's it then? I could do without the stress to be honest, I have found it all quite difficult.

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toomuchfaff · 26/02/2024 15:18

If you are ok with redundancy and would prefer to progress down that route - is it not feasible to suggest to halt the PIP discussions, postpone them dependant on the outcome of Redundancy process. If redundancy is removed and your role is to continue - then you restart the PIP?

atadworried · 26/02/2024 16:06

toomuchfaff · 26/02/2024 15:18

If you are ok with redundancy and would prefer to progress down that route - is it not feasible to suggest to halt the PIP discussions, postpone them dependant on the outcome of Redundancy process. If redundancy is removed and your role is to continue - then you restart the PIP?

That's a really sensible suggestion and one which I could not see clearly enough!
Thank you for helping me think things through, my head is more messed up than I thought.

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atadworried · 27/02/2024 21:53

Right. Update I have received an offer of an agreement. Obviously would be happy to accept and move on. Sorry to go on about this, but if I do, does capability stuff end? Do I need to specifically say I accept offer on the basis that end date is fixed (and ideally soon) and no more of process??? Thanks

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JemOfAWoman · 27/02/2024 22:08

If the redundancy is confirmed find out if they are paying you in lieu of notice or not. If not whilst you remain in employment they can continue with any formal process. You need to make sure they don't dismiss you for performance and thereby remove the need to pay you redundancy.

Neriah · 28/02/2024 07:41

Check what any reference will say. Make sure a good or neutral reference is part of the deal. And you have to ask them about the capability directly. Nobody here can tell you, and nor can we be clear that it wouldn't be on your record. Hence the reference being important.

atadworried · 28/02/2024 08:53

Thank you. Letter mentions positive reference.
Understood about capability and I will ask. I wasn't sure if it was something governed by guidelines/rules but sounds like it is internal policy. Really appreciate the considered answers which are helping me calm down.

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Neriah · 28/02/2024 11:25

The details of a capability process are for the employer to determine. It sounds like your "redundancy" was manufactured because they aren't happy with the role or you in it. Which is no criticism of you at all. It happens.

atadworried · 05/03/2024 13:20

Little and positive update. Capability process stopped as I went with agreement (which did cover the reference issue). Thank you for the time you took to explain things to me. Onwards and upwards!

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