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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, I work for IT in a large Media group and my boss

Resolved Question:

Hello,

I work for IT in a large Media group and my boss is putting me on a performance management. Their excuses are that they went looking for 360 feedback and customers apparently said that they do not feel comfortable when I am on production shift amongst other things although I have been on this shift for 2 years plus. We went through redundancy in the beginning of the year and lost more than half our team. We were 2 service managers and the CTO hired 1 more and promoted a shift lead to join us as a service manager as well. Although we complained that the rota was too much we decided that we needed to created another one, so I did and sent it to the CTO. NO reply. I often worked 2 weeks of night shifts and a weekend which burned me out mentally. I complained and was told ''why are you stressed, we fix everything now, not much is going on". Since then one of the service managers last promoted was promoted again to Head of service management. The CTO asked me to put a date into his calendar to do a Career progression plan for me , it was cancelled twice so I moved it forward. It was then that the CTO changed it to a performance management plan. We had our meet and he presented me with a list of tasks he explained is necessary to improve the perception I pass to IT and the customer. I have not signed for it but feel that I have been setup to fail. the companies way for loop holing constructive dismissal.
I need your help. where to from here.
Some of the things on his list is to stand up and do a presentation to all of IT. Do lots of Documentation etc.

regards V
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What specific queries do you have about this please?

Customer:

hello Ben

Customer:

are you in the UK?

Customer:

Have you read what happend? do I agree to performance management or do I make a stand. I need advice really/

Customer:

Hi Ben are you there

Ben Jones :

Hello sorry I was offline by the time you had replied. I am indeed in the UK. Have you seen the feedback they are using against you?

Customer:

No

Customer:

I went around to ask a few people in a round about way and no one have bad feedback.

Ben Jones, UK Lawyer
Satisfied Customers: 42635
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other UK Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
An employee's poor performance in their job is a potentiality fair reason for an employer taking formal action under section 98(2)(a) of the Employment Rights Act 1996, as it would amount to lack of capability.

"Capability" should be assessed by reference to an employee's "skill, aptitude, health or any other physical or mental quality. The capability must also relate to the work that the employee was employed to do.

In order for action for poor performance to be fair, an employee must be warned that they need to improve, be given realistic targets for improvement within a realistic timescale and be offered appropriate training and/or support during the monitoring period.

Generally, the reasonableness of such dismissals would be measured against the following criteria:
• Did the employee know what was required of them;
• Did the employer take steps to minimise the risk of poor performance;
• Was a proper appraisal conducted and was the problem identified;
• Were training, supervision and encouragement provided;
• Did the employer warn the employee of the consequences of failing to improve;
• Did they give the employee the chance to improve;
• Did the employer consider alternative employment.

I suggest you enquire further into the reasons for taking this formal action against you, for example see details of the feedback they allege was used to prompt this and also consider whether they have done all they can to help you.

In terms of challenging this there are only two options really - one is the formal grievance route, the other is the last resort of resigning and claiming constructive dismissal. As an alternative to resigning or claiming, the employer may be approached on a without prejudice basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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