Performance related dismissal - or imposed increased performance parameters

[retro pedro]

Hi, my basic question is can an employer impose a PIP (Personal Improvement Plan) upon me as an employee to test my performance and impose larger workload factors upon me? Basically, I worked for one of the national delivery companies that specialise in larger items for commercial and domestic deliveries. I was issued a round and given a workload that I was completing successfully without issues. This was fine for 5 months and I passed my probationery period (13 weeks) with no comment from my employer. Indeed, at the end of the 13 week period I was introduced into the company pension scheme. Then when I returned from a weeks holiday I was asked to attend a meeting with a manager who stated they wanted to impose special measures upon me because they wanted to expand my round to encompass another post code. So in effect judging me outside of the parameters that had already been set and were being achieved. After a 6 week monitoring period of which I did not increase my work rate to cater for the increased workload, I was invited to a 'formal' meeting with the General Site manager who outlined more factors that were NOT encompassed within the PIP. I defended my points in this meeting but the General Site manager concluded the meeting by giving me verbal instant dismissal. This was followed up by a hard copy of his decision and a copy of the notes of the final meeting. So my basic question is can an employer increase a workload, put judgement on that workload and issue instant dismissal. I'm sure I read somewhere that they couldn't but unsure without further research. I'm thinking that this is unfair dismissal for which I could present a case to an industrial tribunal for a ruling. If successful, could I then sue for loss of earnings. If debateable, there are factors within the companies Employment Policy and Procedures that the company as not abide by. First one I believe is not being given a written intention letter regarding performance. Then on top of that, the holding company have a policy of a Business Partner to work with employees. In a hard written email, the Business Partner assured me that a PIP is to be used as a tool to assist employees improve and NOT as a tool to dismiss people. There are other factors where I believe the company, more so the General Site manager hasn't acted correctly which I have recorded for evidence to present to a tribunal should I have grounds to do so. Appricate any advice that may be worthcoming with this situation.

[ULA]

I may not be correct in which case apologies but it would appear that you have less than 2 years service with the company.

If so then unfortunately, with less than 2 years service, you can be (fairly) dismissed without your employer giving any reason at all. Although with anyone who has gone beyond their probationary period I would always advocate an employer follows a procedure to dismiss an employee with less than two years service that is in line with best practice but this does not always happen.*

Unless your employer has discriminated against you on the grounds of any protected characteristic, such as race, gender, religion, disability so if they did dismiss on these grounds then you could potentially have a claim compensation for discrimination.

If i am incorrect as to your length of service and you have more than 2 years employment then I can provide further support based on that information.

[retro pedro]

Hi ULA
Many thanks for your reply yesterday. Weirdly your reply seems to have disappeared.
Anyhow, yes your assumption was correct in that I haven't reached the 2 year threshold with my employment with this company. I actually started on 7th May 2019, so just shy of 7 months.
So basically, if there are no discriminatory issues, employees don't really have any employment protection until 2 years of service have been completed.

[ULA]

Sorry about the disappearing post but at last you managed to view it.

Unfortunately yes that is a correct understanding of the situation.

[retro pedro]

Okay ULA, thanks again for your quick response which gives me a firmer understanding of my situation.
Time to forget unfair dismissal and move on I believe.
Thanks again for sharing your knowledge which as given me the facts I need for my situation.

[ULA]

Good luck

[retro pedro]

So going on, without any correspondence, the empolyer continued to pay me and didn't issue me with my P45 until 31st December 2019.

Dismissal letter was dated 30th November 2019. Within my original contract of employment, it did state that a period of 4 weeks notice period was required by either party.

So I did wonder if, due to the incompetence somewhere within, this was being actioned. So I received 3 weeks money via these online transactions. However, they last online payslip dated 31st December shows minus figure show minus figures against pay and tax PAYE payments which equates to 2 weeks worth of payments. No further correspondence and no monies clawed back from my bank account.

I've got an Appeal to Dismissal Hearing this coming Friday, which my thoughts are to outline items such as I was achieving tasks set and it was that the company increased the workload measurements to achieve dismissal via PIP monitoring.

Also I shall point out traffic conditions and the companies withdrawal of aid to achieve required results within the PIP. The Hearing will be heard by another company management employee, which I believe is correct procedure and independent of the original General Manager whose judgement was my instant dismissal.

I don't believe the original ruling will be overturned, I quite honestly I'm having second thoughts about continued employment with this company. I'm attending the Hearing to put my case to somebody else so that elements will be recorded and put on record. Even if I have a valid case, my belief now is that the 2 year ruling on no rights regarding dismissal will still hold.

I mights contact ACAS after the hearing just to see what their ruling would be as regards a Tribunal. Like I say, I very much doubt if there is a valid reason to hold one due to the advice given regarding the 2 year period. So my next move after this will be to delay every way I can in paying back wages.

I do realise that at a point, I will have to pay, but wondering if there are any legal ways I can slow the process, i.e. offer part payments. Not paying PAYE element until I and if I receive it back from the Inland Revenue.

Can I claim against them for the loss of opportunity in seeking other employment due to the P45 not being issue? I'm sure Job Seekers allowance can't be paid until I P45 is present.

Many thanks for any forthcoming advice.


Finally, I apologies for this post being in one paragraph but every time I used the return key in put a line of symbols in.


( admin note: I've added paras - symbols are a fault our end )

[ULA]

Sorry just some questions as I am trying to work out whether there is an overpayment situation for which they are looking to recover:

Was the 30^th Nov your last working day with the company which would have been a Saturday? If not when was your last working day?

Did the dismissal letter detail the payments that would be due to you if no appeal was successful?

I know from your original post you were dismissed instantly but was this done summarily i.e. with no notice period payment due or with notice payment due?

Were you paid your normal salary in November for the full month?

When you received 3 weeks pay was this in Dec? Was this sum equal to the amounts detailed in your Dec payslip?

Were you owed any accrued but untaken holiday pay up to the date you left?

On the appeal process the yes having a different manager hear your appeal is correct.

Unless there is any chance of discrimination, then from what you said unfortunately you fall short of the 2 year service requirements to bring an unfair dismissal claim
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[retro pedro]

Sorry just some questions as I am trying to work out whether there is an overpayment situation for which they are looking to recover:

Was the 30^th Nov your last working day with the company which would have been a Saturday? If not when was your last working day?

Did the dismissal letter detail the payments that would be due to you if no appeal was successful?

I know from your original post you were dismissed instantly but was this done summarily i.e. with no notice period payment due or with notice payment due?

Were you paid your normal salary in November for the full month?

When you received 3 weeks pay was this in Dec? Was this sum equal to the amounts detailed in your Dec payslip?

Were you owed any accrued but untaken holiday pay up to the date you left?

On the appeal process the yes having a different manager hear your appeal is correct.

Unless there is any chance of discrimination, then from what you said unfortunately you fall short of the 2 year service requirements to bring an unfair dismissal claim

Hi ULA - My mistake, my last working date and Dismissal Hearing was FRIDAY 29th November. I reminded the General Manager that I had initially worked a week in hand. We were paid weekly. So I received wages on consecutive weekly Fridays for 29/11 (last actual week of work), 6/12 (what I assumed would be for week in hand), 13/12, 20/12 and 27/12. Then on 3/1/20, a wage slip was issued with Minus figures which amounted to 2 weeks wages worth, with minus on tax figure and a small minus on holiday pay. The holiday pay element is probably correct because at the time of verbal dismissal I had 25 hours due me if I had reached holiday year end which would have been 31/1/20. The minus figures equates to about 2.75 hours value. My P45 wasn't actually loaded on the online system until 31/12/19 but within the content of the P45, it states Leaving date as 6/12/19 and certified at 7/1/20. I've got my Appeal Hearing Friday 10/1/20. Due to the fact that they've entered the certified date, I'm half expecting this hearing to uphold the original dismissal notice. So from there, although I don't know for sure, I'm expecting claw back request on monies paid. I can see that it will be due, but wondering if legally I can delay the payback process. I'm thinking in terms of the delay is issuing the P45 and any claim to inland venue refunds that I have not received in my bank account. Thinking that perhaps I can request information from HMRC that if any refunds a due, that I don't have to pay that part back to the company unless HMRC refund me? The intention is NOT to discuss this at the Appeal Hearing, but wait for correspondence regarding any potential claw back to materials in the correct manor. Many thanks in anticipation for any advice.

[ULA]

With your last working day as being 29 Nov, then given you were not summarily dismissed and were owed your 4 weeks notice then you should have received that plus the week in hand you worked at the start of your employment. Have you been paid in accordance with your wage slips of 6/12, 13/12, 20/12 and 27/12 and I presume you have had nothing against payslip 3/1/20? If the first 4 wage slips are correct that is good however I think you may still be due one week's pay to make the five weeks you are owed. Therefore I am not sure why there is a deduction/minus salary for 3/1/20. It may well be worth querying this at your meeting.

How much holiday did you take up until the end of your employment and how much pro-rata were you due? If you took more holiday than you were due then assuming there is a clause in your contract that they can reclaim this back then is the -2.75 correct for overtaken holiday correct?*

Not sure about the dates on the P45 for me the leaving date should be 29 Nov 2019 and not sure what you mean by certified date but if that is the date in the bottom right hand column on Part 1A of the form that should be the date on which the P45 is generated.

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