Take demotion offered, challenge process, resign - what would you do?

[PurplePenguin314]

DP unexpectedly had a protected conversation at work with his line manager - no advance warning this was going to happen. He had been put on an informal support plan and all of the targets were met, which his line manager acknowledged. Despite this, DP has been told he can either face capability or accept a much more junior role. DP feels he has been treated unfairly.

Would you challenge the process if you felt you were being treated unfairly, but risk losing your job altogether and have to declare capability proceedings in future job applications? Or would you take demotion or resign?

Finding a new job won't be easy for DP, as there aren't many at the same level round where we live.

If you've experienced capability proceedings at work, what was the outcome and have you had success in finding a new job?

The 5 days given by the line manager is absolutely bullying tactics. Tell DO to contact HR, give the timeline and say that he is feeling bullied into making a decision. HR should be stepping in here because you cant just go around saying to people there's a protected conversation and 5 days to make a decision and threaten to disclose things to future employers. This line manager is on extremely thin ice

Few things:
These conversations should definitely involve HR- I think they need to be present for any protected conversations for a start.
The line manager sounds like they are a loose cannon and not following procedure. Possibly trying to prove their own worth as a manager.

Typical process looks like identifies ‘performance issues’ (genuine or as result of forced performance rating) - informal PIP (4-8 weeks) - formal PIP (agreed time period) then capability discussions. It can in theory jump to formal PIP, but there would need to be specific reasons. HR would be engaged throughout and certainly from before a formal PIP.

There should be documented processes for performance management - get a copy (and print/save somewhere) and check it is being followed. Ditto for reporting concerns, etc.
Document EVERYTHING going forward, and backdate what you can to create a timeline of events/discussions/etc. Take screenshots, in case access is suddenly cut, notes from every meeting discussions and any online chats and emails.
Does he have previous reviews where it says he meets performance expectations?
Are there previous managers still at the company he could discuss with to get their insight/support? Does he have contact with his manager’s manager?

Also regarding references, most companies now only state that you worked there and dates. Anything else is risky on their part- especially if it is a large company with robust processes in place.
I had to lay off someone before for serious performance issues and they still got severance and a ‘clean reference’. Many companies will also not outright fire you unless it is something specific and will ultimately use a settlement agreement, so I wouldn’t let them scare him into resigning for fear of a blemished reference.

I'm not saying this is good advice, but what seems to happen where I work is people go long term sick and negotiate an exit settlement via the union.

I might be inclined to let the line manage know I'd had some advice and "are you sure all policies have been followed correctly?".

I once had this in a situation where a line manager wanted to force me to change my hours. Once it became clear I knew he hadn't followed correct procedure, it suddenly became less urgent to change my working pattern.

It won't make DP's problem go away, but it would probably buy him some time.

There really doesn't seem to be much DP can do. His line manager has said that if he doesn't accept demotion, capability will commence shortly (within days, most likely). There doesn't seem to be anything DP can do or say to delay this from happening. It's truly awful that his work can do this to DP and that he's powerless to do anything to save his job.

DP has spoken to HR, but they weren't much help. The union's advice was to negotiate the best deal possible.

Going down any sort of legal route seems highly stressful and basically career suicide.