'Not working to grade'

[bollockstothis24]

Name changed. I posted last year about my half year review and I'm finding myself in a similar situation this year in that my manager says I'm not 'working to grade.' I managed to get it overturned at the end of the year by basically over working myself and getting very very stressed. But this half year it's the same story and I've been told I'm underperforming.

I work 80% in a very under resourced team, manager isn't very present and I end up doing a lot of tasks to support and run the team, making sure that everything runs smoothly.

I haven't had objectives for the first half of the year so he can't even tell me what I'm not achieving. He's given me objectives for the rest of the year which are not achievable within my working hours without a lot of additional support (which I'm unlikely to get).

I've been told numerous times that I need to go back full time (I don't want to - I'm 55 and want to slow down, don't need the extra money). I think this is borderline bullying.

The final nail in the coffin is that he said he thinks my job should really be a grade below and suggested I take a voluntary demotion which I'm obviously not going to do - why would I? I've been mulling all this over and I think this gives me a case to ask for a redundancy package. They should either find me another same grade job or let me go.

Any advice appreciated. Also thinking of consulting an employment lawyer but don't really know how to go about it.

I'd phone acas first. It does sound like bullying and you may have a case for constructive dismissal. Whether that's a path you want to go down is another issue. Change jobs?

It’s hard to say it’s bullying if the argument is you’re simply not performing, of course you will not agree that, but they need to be clear on why.

you can ask for a separation package but it looks likely they are moving to termination.

They've got absolutely no grounds for sacking me.

Most employment solicitors will give you a 30 minute free consultation.

Landau Law are one group with good reviews- I used them, wasn’t bowled over and they could have done better but they got the job done to an effect.

My advice would be to contact ACAS and have a discussion with them.

From what you have written, I would say they are trying to manage you out as not performing, What did you say to him when he gave you the unachievable objective?

Are you public sector?
Have you spoken with HR or your manager's manager?

Op, if they start going through the process they appear to be on, a pip will be next and yes they can move to termination, I’m sorry.

You can’t claim that with any certainty as none of us at this stage know what sector she’s in. If the NHS for example then they absolutely don’t move to termination on the basis of what the OP describes. Full facts are needed before you can say the OP can be moved to termination.

he said he thinks my job should really be a grade below and suggested I take a voluntary demotion which I'm obviously not going to do - why would I?

Well, the obvious answer would be that if you took voluntary demotion, you would be in a lower grade, and therefore the “not working to grade” issue would go away. You would be presumably performing well against your new lower grade, and you would have objectives that you could meet without significant input from others.

Op are you nhs?

You have had 2 reviews stating that you are not performing to grade though which suggest they believe they do.

No wonder the NHS is in a mess if they aren't able to terminate employment of underperforming staff. Not saying OP is but just commenting on such poor management and strategies that allow poor performance to continue.

Yes, the manager is certainly underperforming if he's not properly resourcing his dept, if he's not very present, if he expects the OP to do a lot of tasks to support and run the team, if he's not able to tell the OP what she's not achieving, if he's given her objectives which are not achievable within her working hours without a lot of additional support which she won't get, and if he's pushing her into a change of contract in order to deal with his failings.

The above, of course, happens in the private sector too. Let's not pretend it doesn't.

Where does it even say she is in the NHS? I was commenting on another comment about the NHS not the OP's situation. If the NHS aren't allowed to terminate employment of people who aren't able to perform their job that is why it is in a mess. Why do you believe people should be kept on and paid of they can't actually do the job?

Is the OP NHS or public sector? When I commented that hadn't been said. When OP said they have no grounds to sack her I did comment if she has had 2 reviews that she is not performing to grade then they believe they have.

I’m also dismayed at the comment if she’s in the nhs she’s safe. Irrelevant of whether she’s performing or not the posters view they need to keep poor performers is simply dismaying.

Sounds like the beginnings of the route to a PIP, sorry Op. speak to ACAS.

It doesn't - which is why I queried the PP's point about moving to termination. Given everything that the OP has described and regardless of what sector she's in, the poor performer here is not her - if anyone should move the termination it's her manager who appears inadequate at best.

Which is nothing to do with what I said...

Not NHS, private sector. Financial Services.

You said “the NHS is in a mess if they aren't able to terminate employment of underperforming staff. Not saying OP is but just commenting on such poor management and strategies that allow poor performance to continue”

I pointed out that it’s not the OP who is underperforming and that the poor management here needs to be addressed - and that the NHS wouldn’t move to terminate the OP on the basis of what she described.

And my EOY last year was moved to fully achieving. This is just a half year grading at this stage, so I have had two underperforming grades.

OP - thanks for confirming what sector you’re in. You need clarity from your manager and I would certainly contact ACAS for support. This sounds like a poor manager making a poor judgement and you need advice on where to go to from here.

What are they asking you to do to work at grade? Maybe you are being inefficient with your time and spending time on less important tasks? If he wants you to do x then you need to negotiate and explain that’s fine but you will need to drop y.

You don't think I've tried that approach already? The reality is that there is no one else to do this stuff due to under resourcing. I dropped to 80% 18 months ago and didn't lose any of my workload. But the PT hours are constantly used as a stick to beat me with.

I don't understand how you can possibly be considered underperforming or not reaching your objectives if until now you haven't had objectives! How on earth can you be measured against targets you haven't had!

if you overturned the last years grade by working excessively presumably you did have targets then that you managed to achieve?

Are they comparing you against other people in the same role, and if so are you achieving less than them?

With the new targets would they be achievable if you only did your own work and not any of the additional "team"tasks you've been doing?