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Stage 1 capability meeting

2 replies

Dingdongadonga · 17/12/2024 12:00

How long do I have before I am likely dismissed. I say this as I know I’m being managed out due to upcoming structural changes due to be announced early next year. I’ve been kept out of these structural change discussions while the other heads of groups have been in them. Also what I’m being pulled up on are woolly and also I am not being listened to and there have been poor investigations undertaken on behalf of my manager where im being unfairly blamed for other people’s lack of ownership. Also one of my colleagues was also terminated a couple of months ago.

also what options do I have?

grievance (though I don’t have the energy)
ask for a severance to see if I can at least get more Than my notice period
resign (DH wants me out of there but we’d struggle financially)
is it best to consult a lawyer (again don’t have money or have the energy)

what is the best?

OP posts:
EmmaMaria · 17/12/2024 13:18

Didn't you post about this a few days ago? It's exactly the same scenario as one within the last week, even down to the structural review, the woolly comments, and the former colleague being managed out. If so, there really isn't much anyone can add to the last comments - nobody can tell you how long a process it is. They must tell you what needs improving and how they will measure that improvement, and how long a review period there will be. They should have a procedure policy, so you need to ask for that because that should outline, as close as possible, what steps and how long each step may take.

A grievance won't help you at all - if it is their judgement that your capability is in question (and I am not taking sides on that matter, simply stating a fact) then they need to follow a capbility process, which it appears they are doing - you may be aggrieved, but you don't have anything to complain about in that.

You can ask what severence might be on the table - that is for you to decide. It may be nothing more than what you will get anyway, although a good reference is worth money in the bank.

Resignation won't change the PIP - they ought to continue with the process during your notice period.

A lawyer isn't likely to be able to do anything more than charge you right now - if you are thinking of legal action (which may be limited as an option) then save your powder until you have some sort of case.

Just be aware of the fact that if this went to a tribunal (and based on bvery limited information here ) provided they follow a fair (in law) process you are likely to lose. A tribunal is not allowed to substitute their own judgement for the employers in the matter of capability, so unless they are extremely perverse in setting targets or judging perfromance against them, you would have to show the actual process was unfair, which is a tough one.

ByQuaintAzureWasp · 17/12/2024 13:28

Say that you are in dispute and Ask for without prejudice discussion. Nothing said in that discussion can be used in future by either party.
I'd say I beleive you are trying to force me out, happy to go with a setenebt agreement if the terms are right, including an agreed reference.

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