Unfair dismissal help and advice needed

[Kelda]

Long thread!

my partner was informed a week ago he had been given a low score for his performance review at work. This was a surprised as he has met all of his targets and more. His line manager also stated he does not have the skill for the role going forward. He then requested a meeting with his line manager and HR, who at the meeting moved to a protected conversation. This was even more of a surprise and my partner was told to go home and consider it. He was in such a state as he had done all and more that was required of him and covered and sorted projects his line manager had failed to do. He spoke to the GP and she advised a week off with work related stress. While off he has been disconnected from all of his work platforms and his line manager has informed all other employees he has left the company. Bearing in mind we have not signed anything or have not had any emails, letters etc to say he is suspended or dismissed etc. He found out this had happened via other colleagues contacting him via social media to see if he was ok.

He submitted a formal grievance before the protected conversation on the 13th March and this has only been auctioned starting today, 11 days later They will not speak to him or email him. Only to say it’s in hand. We are in limbo no knowing wether he has a job, or salary. It’s like they have built a brick wall and we can’t infiltrate it.

he has all of the evidence needed to prove his worth and how he has covered his line manager but I don’t believe they will offer a fair hearing. Any advice would be appreciated. He wants to fight this as he can prove he is in the right. For the performance management there has never been a conversation to say your under performing or a warning. The reason for the low score was his emails are to long and to the point! As said never raised previously. Previous reports are high score. They are working remotely and he has downloaded his emails as evidence to prove there was never anything which could cause harm or offence.


we don’t know where to go now and know they are not sticking to ACAS guidelines.the payment offered was an insult.

[ULA]

How long has your partner been employed at the company?

What was the grievance about and was it raised prior to him requesting the meeting with HR and his line manager following his performance review?

[Kelda]

The grievance is about the performance management initially due to the fact he could evidence all targets met for 2020 and was never warned or discussed his work was poor! It has now progressed because his line manager has informed the business he has left when he has not and has not Been informed his employment has been terminated. He has been with them 3 years. The grievance was raised before meeting with HR

[ULA]

The main reason for having a protected conversation is usually to allow the employer and employee to have a frank and open conversation with the view to reach a mutual agreement for the termination of the employee's employment. These conversations given the option for the employer to find out if the employee is interested in agreeing terms in order to end the employment relationship, rather than proceeding with a redundancy or disciplinary process for example or potentially in this situation a performance management process.

However, these conversations do not protect improper behaviour on the part of the employer. The employer cannot dismiss your partner or say that he will be dismissed under the guise of a protected conversation. They can say that if your partner does not accept the offer then this will start a performance management process, but they should not say that this process will lead to dismissal.

Has the payment offer been put in writing, this is usually done by way of a Settlement Agreement for which your partner would be entitled to get independent legal advice for which the company makes a contribution to the costs?

Your partner has a couple of options here, either explore the details of the offer and consider ways that it may be able to be improve. An employer's first offer is often not their best. Also has your partner been told what will happen if he does not accept the offer? If that information has not already been provided he needs to contact the company and ask them confirm this to him. He needs to have the full facts before he can make a considered decision.

Also if your partner has not already done so please get him to write down thorough notes of what the employer said in the protected conversation in case there is an latter dispute. He would also be advised to note down dates of when he was disconnected from the company systems and dates when colleagues have reached out to him because they have been told by his line manager that he has left.

[Kelda]

Thank you for helping with your support and advice. His employer gave him a. Copy of the offer and told him to look at it for 10
days and consider but he is so passionate that he has achieved all his targets and don’t the work of his line manager which had been outstanding for months prior to it being given to my partner. He has never been warned about his performance or even had a discussion with his line manager reference this. No pop was mentioned until last week. They have also said he won’t fit the role going forward but this has never been discussed or addressed and his line manager does also not have the desired skills to follow this through either.

since he was given that offer he has been trying to do his remote working but they have switched off all of his platforms and as I said told all other employees he has left. As I said before we have not agreed to any thing and he has not officially Ben told he is dismissed or employment terminated. IT services say HR and his line manager have suspended all of his privileges.

he has been told the grievance is being looked into but like I said that’s been 11 days now. We have asked for confirmation from HR why the other employees have been told he has left and could they confirm his employment status and the emails continue to go ignored.

today he has has messages from colleagues woutsude the business who they work in partnership with to say they have been informed and they are upset and disappointed he did not say good bye !

we cannot get any responses from them and I’m sure they must be breaking several employment rules ? We don’t know where to start !

[Kelda]

Just to add he is very good at documentation and has all time lines and evidence stored to take this further if needed. They won’t even confirm if they will continue paying hime! This whole situation has come so out of the blue and is very stressful

[ULA]

I think the current situation requires a robust letter to be sent to his employer stating:

1. That he has an outstanding grievance that has not been progressed which was made prior to any protected conversation and that he would like to know what date has been set for the grievance meeting.
2. As far as he understands he is still an employee of the company and a protected conversation does not in fact protect an employer from improper conduct. One of these actions being the employer cannot dismiss him or say that he will be dismissed under the guise of a protected conversation. Given the actions of the company in that he has been denied access to company network, he has been contacted by work collegues and outside businesses inquiring about his leaving the company it would seem that the company is already deeming him as being dismissed. This is in contravention of the principle of a protected conversation. Given that, he would like the company's assurances that they will refrain, whilst the matter is ongoing, from asserting that he is no longer an employee of the business.

This is only my suggestion to try and get some dialogue with the company as they seem to have started this process and then not realised there is in fact a process to follow.