Formal disciplinary at appeal stage

[MagicJ]

I found this forum in the hopes of finding some help,

In my sales role all performance is tracked across the division with easily accessible reporting. It’s this reporting that has been used in evidence it tally’s:

sales days (expected) ‘written at start of quarter obvs’
target (based on sales days expected)
Revenue achieved
% to revenue target
Sales days used
growth per day
numbers of sales made

in the disciplinary letters and subsequent meeting my performance as a % to target was the sole focus of the meeting. I was absolutely stunned to learn I was being disciplined for poor % to target against a 57 day target when I have only physically been at work 33 days!? ( my % to target against the 33 days worked ranks me in the 1/3 of the division) I was signed off work for the entire of February by my doctor and provided with a staggered return to work in March. I didn’t request this..i didn’t even know it was an option - however It was said in my return to work interview in March I would have a target reduction for March due to the reduced days in work and still receive full pay for the month, so obviously a no brainer to accept.

I have appealed the decision and have an appeal meeting next week. I just need to know ahead of time if my employer is acting within sensible guidelines? Am I just going to have to accept this regardless of any sense of fairness?

I have been with the business over 10 years and never faced a formal hearing like this before, it’s filled me with anxiety and bitterness towards the company to the point where I feel bullied and want to just leave.

appreciate any help please!!

[ULA]

So it would appear from your thread that you have pretty standard performance reporting for your sales role on a quarterly basis.

What was the basis of your appeal in the letter that you wrote?

Was it your employer that offered you a staggered return to work and was this based on any suggestion from your GP that this would be a sensible way for you to go back to work, given the condition for which you were off during Feb?

Do you have any notes or follow-up written confirmation from your employer of your return to work interview in March?

[MagicJ]

Yes, the basis of my appeal is that I only worked 33 days (1 month absent, signed off by doctor for mental health concerns and a staggered return to work offered and suggested by my line manager) I feel therefore unfair to be disciplined against poor performance against a 57 day target when not at work for nearly half of this time.

yes I will have a record of the doctors note and proof of the staggered return to work - recommended and provided by my employers. I also have the entire recording of the initial disciplinary meeting.

The hearing is due early next week so would appreciate advice please.

Thanks

[ULA]

So you have clearly set out the reasons for your appeal in the letter and what you need to do between now and the meeting is:

1. Ensure you have all the documentary evidence to support your absence and the documented suggestion of your employer for a staggered return to work.
2. Present proof that your targets over the last few quarters have been achieved or exceeded (assuming that they have). Here you are trying to reinforce the fact that in recent quarters, when you have not been absent, that you are a good performer.
3. Evidence that if your peformance was taken over the 33 days of actual working availability ,you achived or exceeded the pro-rata target for that time (if that was in fact the case).
4. Make written notes of the points you want to cover so that you have them with. Having such a meeting can be a bit stressful and things you want to say get forgotten, so if you have prepared with some notes, this will help provide you some focus for what you want to say to support your appeal.

Hopefully that gives you some ideas as to what you should be thinking about to prepare for the meeting.

[MagicJ]

Hi Ula,

Thank you for taking the time to reply and for the suggestions provided. Sadly the question over whether I was signed off, or whether I was provided with a staggered return to work is a mute point - all of this was on record at the initial meeting. It was the person taking the initial meeting who provided the staggered return to work and who received the doctors note.

I guess there is no precedent for this? I had hoped to make the point as clear as possible... ''can you be held to account for a full time target when only at work for 60% of the time??'' - I don't know how else to ask this simple question without getting a another question is response? Is there no legal basis to counter this disciplinary action?

If anyone can provide something concrete i would be grateful..

[ULA]

Is there a formal policy document for the operation of the sales target plan and anything in there that covers what happens to an individual's target if they are off on a long period of absence. If there is not anything then other than as you have stated questioning the fairness of still being being expected to achieve the target in less available days, given you were off for a month and at the company's suggestion you staggered your return to work, there is no legal grounds to support the appeal that I can think of.