07 Jun 2016

A question about : being dismissed for poor performance

Hello,

My employer is calling me to a meeting tomorrow as i've had low in my performance as decided by my managers.

I don't agree with this low performance and feel it was awarded because I was signed off work a month this year with exhaustion and when I returned to work did tell management that I'm not prepared to work longer than my contracted hours. Sadly I think not working for free in the evenings and weekends counts as low performance in their books.

Can they just dismiss me with the notice in my contract and without any severance pay if it is due to them claiming im a low performer?

thanks

Best answers:

  • How long have you worked there?
  • 5+ years, i have worked there.
  • What makes you think you are going to be dismissed?
    Have you a target you have to achieve and if so have you failed to meet the target and been spoken to before?
    Have you had warnings previously?
  • Well they say in the letter I maybe dismissed, I haven't had any formal or written warnings, I was told 6 months ago my performance was low and needs to improve.
  • Then I'm not sure they can just dismiss you. Do you have a staff handbook? it should say in there what the disciplinary procedure is.
    Someone more knowledgeable will be along but as far as I know you can only be dismissed without having verbal/written warnings if it is considered gross misconduct.
  • What industry are you in, and are you a member of a union?
  • Work in IT for a telecoms company and no not a member of a union (dont think their is one).
  • If they state your performance is poor and you have been warned.
    i) ask them to quantify 'reasonable performace' and how your 'falling short'
    ii) ask for their assistance to rectify this issue. i.e training/coaching
    iii) do not lose your temper and argue.
    iv) if they say your not doing something that you should be doing ask for evidence.
  • The CWU is also one of the postmen's union
  • The witness is supposed to sit there and do nothing, i.e just observe so don't worry about that.
    Take in with you a list of things you wish to clarify.
    i.e what is my target.
    how am i missing my target
    what has changed this year compared to the previous years.
    what can i do to achieve my target. Don't settle for any fob off bull about upping your gaming working harder, working smarter etc. you want quantifiable measurable targets and objectives.
    take notes of things that seem 'interesting' i.e throw away comments unusual wording etc.
    It sounds as if they want you out and Sadly its probably time to leave with your reference intact. I would strongly advise against going down the tribunal route on the basis that even if you win you'll lose out on the basis you'll get no reference and then your stumped.
  • OP you CAN join a union. The most appropriate one may well be CWU as stated earlier in the thread. Go here to check: https://www.worksmart.org.uk/unionfinder/.
    If it is a disciplinary hearing, the colleague or union rep you are allowed to bring along is allowed to address the hearing and to represent you if that is your wish.
    Your union may not be willing to help with this issue if you join now because it has arisen before you were a member. Nevertheless, join tomorrow first thing. If this meeting results in an action plan or a warning, your union may then be able to help if the situation deteriorates.
    Good luck.
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