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'Not working to grade'

93 replies

bollockstothis24 · 05/07/2024 08:33

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.

OP posts:
DisabledDemon · 10/07/2024 20:37

If you haven't had any objectives, you can't be accused of not working to them. This sounds very much like constructive dismissal and you really need to get onto ACAS because they have failed as managers.

ChockysChimichanga · 10/07/2024 22:38

Tourdefrancefan · 10/07/2024 19:43

This why we all need to be in a union. We don't know when managers will bully us or try to push us out of employment. A union has our backs and provides the legal support we might need.
I'm not a union activist or anysuch, I've just seen why they're vital in my 35 years working!

With all due respect, the ‘join a union’ mantra gets trotted out on here all the time and it’s not helpful.

Not all employers recognise unions, especially in financial services. Even if they do, you are dependent on how good (or not) the rep is and how much power they actually have to hold employers to account.

IpsyUpsyDaisyDoos · 11/07/2024 06:11

bollockstothis24 · 05/07/2024 11:53

Not NHS, private sector. Financial Services.

God, do you work in the Operations team at my place?

This was me a few years back, without the PT hours. The expectations on me when compared to others in the team were ridiculous. I was starting early, finishing late and not sleeping because of the stress.

My manager told me to start saying no to people when I raised it. So I did. But apparently she didn't mean saying no to her. So she read me my job description to confirm that these were all things I should be doing and if I didn't I would be underperforming.

I asked her where it said I had to do them all at once with no support, she had no answer and I went home, called the doctor and got signed off sick. I refused to speak to her about coming back until I was assured something would change. Our Head of Department ended up calling me to tell me there was an opportunity in a different team and I could be seconded there, but in all likelihood I'd not be allowed back to Operations.

I grabbed it. Fast forward 5 years and I'm now being graded as "above grade" and paid a lot more AND have a lot of flexibility, as well as already being a grade up.

There are other jobs. Get out of that team. Find a better one. With your experience there will be places for you in unexpected departments with much more support. And people you probably don't think of will have noticed your value already.

School99 · 11/07/2024 06:19

caramac04 · 09/07/2024 14:07

I agree with @ImCamembertTheBigCheese , it really sounds like he wants a full time person as he would struggle to find someone to fill your dropped 20%
It would make sense to me to employ someone for more than that 20% to be your support but he probably doesn’t want to pay more than 100% of your role.

If it was a supporting role though at a lower grade it could possibly be a 40% role which would be easier to recruit for ? Have you asked about possibility of getting a part time lower grade to support you ?

bollocktothis24 · 11/07/2024 06:26

@IpsyUpsyDaisyDoos that sounds like a great outcome for you!

@School99 I (in theory) share a support person with someone else. But they have been covering another role until now, and have just been signed off sick with stress. Manager has his head in the sand thinking they'll be back in a couple of weeks but I don't think so. So I have no support currently.

Meeting with manager today to discuss next steps.

Tenaciousbeyondallthings · 11/07/2024 07:07

This is bloody typical of the way that employers treat part time workers. Expect full time work for part time wages !

Speak to ACAS and your HR urgently especially about the lack of objectives
. It's impossible to underperform if there is no standards to compare to.

rookiemere · 11/07/2024 08:03

From where I'm sitting it sounds like the manager tried to give OP objectives, but these were not achievable without having a support person. Support person is off long term sick, so OP has been stepping in and carrying out some of these duties, hence I think where the performing below grade comes from.

rookiemere · 11/07/2024 08:15

OP I would confirm that your manager wishes you to either stop immediately doing any of these support tasks or he needs you to continue.

If he needs you to continue, I would tell him that your objectives need to be amended to reflect this and send an email immediately afterwards summarising the conversation.
If he says you stop the support work, well then do just that - again having emailed outcome of the meeting.

bollocktothis24 · 11/07/2024 12:27

I'm done with the fight to be honest. It exhausted me last year. I just want to find a way out if I can.

fetchacloth · 11/07/2024 14:29

School99 · 11/07/2024 06:19

If it was a supporting role though at a lower grade it could possibly be a 40% role which would be easier to recruit for ? Have you asked about possibility of getting a part time lower grade to support you ?

There is high demand for skilled part time work but little supply.
If companies are serious about staff recruitment and retention, they should exploit this.

BlueSky109 · 11/07/2024 15:50

Speak to HR or employee assistance programmes you have access to. Are you in a union?

IpsyUpsyDaisyDoos · 11/07/2024 18:49

bollocktothis24 · 11/07/2024 06:26

@IpsyUpsyDaisyDoos that sounds like a great outcome for you!

@School99 I (in theory) share a support person with someone else. But they have been covering another role until now, and have just been signed off sick with stress. Manager has his head in the sand thinking they'll be back in a couple of weeks but I don't think so. So I have no support currently.

Meeting with manager today to discuss next steps.

It has been a great outcome, and I'm lucky that overall my company is a fantastic one to work for, bar a couple of departments.

It came about from being requested for the secondment by someone in the company I didn't even realise knew who I was or what I did. Originally my manager had said no (without talking to me) but when I made it clear I wasn't being walked over anymore they thought they were getting rid of me (LOL!!).

My point for posting is that if you are as hard a worker and as good as you must be to have everything dropped on you, other areas will have noticed you. Try looking around the company for opportunities as well as elsewhere.

Treacleteen34 · 12/07/2024 23:48

Firstly I would consider moving on this employer does not respect what you do and when and we all go to work to feel valued! This manager is appalling, I work in HR and some of the advice given is ill informed.
In terms of performance where are his examples of areas you are underperforming, what is this being measured against?! Are you constantly making mistakes, not getting to grips with systems? Have you had sufficient training? sounds like you have not and performance cannot be measured when there are no objectives.
In terms of claiming constructive dismissal this is factually incorrect it is a very difficult claim to win and you if you haven't would need 2 years service. What does the handbook or policy say on performance? Ask for a copy! If a policy states that a disciplinary policy does not need to be followed your employer can absolutely go through the motions bases on perfect and a pip to terminate you as a short serving employee. Your only grounds for a claim could be discrimination, based on protected characteristics, disability, age? Is this the problem has he made comments etc. Automatically unfair dismissal based on exercising your right to NMW, whistleblowing, pregnancy etc. Wrongful dismissal in breach of contract for not paying notice etc. If you don't fall into any of these and are under 2 years service you have limited rights. To claim constructive dismissal (2yrs service) the breach must be so fundamental it goes to the root of the employment contract and you must resign immediately otherwise you have accepted the breach! TBH the environment is toxic and you ought to know you deserve better, it will strip you to the very core. Start lining up a position, apply, apply, apply, someone will hire you and give you the respect you deserve. In the meantime keep doing the job and collecting the pay, don't reveal your hand. When the time comes leave them in the dust and be sure to raise a grievance (you can) and be sure to let them know of the appalling treatment you have suffered.

Treacleteen34 · 13/07/2024 00:19

*previous post performance not perfect, autocorrect.

You won't qualify for redundancy under 2 years, even if you are slightly over 2 yrs it wouldn't be much at all. Best thing to do is ask for documentation, this should still be provided for informal reviews (best practice) to demonstrate it isn't due to discrimination as its up to the ER to prove it is not based on age etc. Push back, take his points and compile an email when you state xyz I have taken on extra in xyz whilst being under resourced. The tasks completed are.....with deadlines achieved. The extra work is not measurable because it does not sit under my remit. Any disparaging comments? Outline those too, harassment, hostile work environment give examples why...e.g., when you remarked that maybe I should..it makes me feel... when you state that perhaps I should...without any tangible objectives and make subjective remarks on my employment I feel that.
Check the policy on harassment one serious incident is sufficient, if there has been any reference to your age and how young ppl this and that get that across -
Bcc in his superior or HR because really it can't get any worse. Build your case then at best you could ask for a settlement agreement if things slide even more sideways. Give them a kick up the arse make them sweat, make them know it will be difficult to get you to go quietly, trust me they won't like the waves and should back off. If not go longterm sick have the gp sign it off work-related stress get to 2 years go back, ask for reasonable adjustments, if they don't come then resign and make your claim that is the most difficult hr problem to tackle an ER worst nightmare X

bollockstothis24 · 13/07/2024 09:38

I've been there 20+ years.

We have a restructure coming up. Redundancies haven't been announced yet, but I've put myself forward for if they are. All I can do is wait.

OP posts:
Diddlyumptious · 15/07/2024 09:41

Do you have a contets or building insurance that may have legal advice to include employment? Mind did which helped me stand up to my employer when they were talking redundancy. It shocked them I'd even consulted one! Why wouldn't I [i work in the legal area] Good luck

bollockstothis24 · 15/07/2024 10:07

Diddlyumptious · 15/07/2024 09:41

Do you have a contets or building insurance that may have legal advice to include employment? Mind did which helped me stand up to my employer when they were talking redundancy. It shocked them I'd even consulted one! Why wouldn't I [i work in the legal area] Good luck

Yeah I do. Ironically my home insurance is with my employer.

OP posts:
Diddlyumptious · 15/07/2024 10:58

bollockstothis24 · 15/07/2024 10:07

Yeah I do. Ironically my home insurance is with my employer.

Doesn't matter who with check it out, plus car insurance and credit card. You'll be amazed what you've got without realising. Good luck

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