Large company disciplinary

[Alm101]

Hi,

I recently got pulled by my company claiming that they are concerned about my performance and that they will be speaking to HR about the issue. After the informal meeting I questioned if it was to do with performance why I haven't been given goals or spoken to about it before as per company guidelines, once I started questioning it my manager then changed it possible conduct.

I then had a fact find meeting where she then changed it to productivity which falls into gross misconduct now she changed it.

The evidence provided didn't show something that I did every morning so the system wasn't showing everything it should but I had no way of proving this. They also supplied evidence going back 4 months and the most recent being a month before my meeting. I hadn't been spoken to at all within this time regarding performance or productivity and I had 1-2-1s nothing was ever brought up.

I came back to work from Mat leave in July and had no support when I started I was thrown back in to the point where I heard one of the managers saying 'I dont know what to do with her' to other members of staff because during my Mat leave managers had changed.

They have now decided because I cant explain the evidence going back to random dates in the last 4 months, that it will be going to a disciplinary.

Since this had started my manager has been avoiding talking to me or looking at me, excluding me from team meet ups and not planning in any 121s when the rest of the team have them.

I hadn't heard anything about a date of the disciplinary and handed my notice in last week early morning due to the treatment I had received which was then accepted. The next day i received a letter dated written up on the same day I gave my notice booking in my disciplinary. Then I received an email saying for my resignation to be completed to fill in a voluntary separation form.

I'm not sure why I have to fill in a Voluntaty Separation form when my resignation had already been accepted and it know other staff members who had left without having to fill this in.

any advice would be helpful.

Thanks

[ULA]

Sorry but you may have to explain a Voluntary Separation form and what it's purpose is.

[Alm101]

All the form was asking when my end date would be and if I wanted to disclose anything regarding holidays. I already have put this in the resignation last week. (Its more because previous colleagues have not been asked to do this when they resigned).

I also would like some advice on the disciplinary and everything that has happened. The thing as they have put as gross misconduct after they changed their mind was that it was work avoidance but the 4 months that they are looking at there are 7 occasions they have shown as evidence and nobody has spoken to me about it at all.

Also another thing that has happened was another manager was brought into my meeting with my manager and HR and due to this they found out I was being investigated. I wasnt aware they were coming on and neither was HR. I spoke to HR about this incident and they said it was unacceptable as now other people know about what is going on and it put me in a very uncomfortable position.

[Retromau5]

If a company is asking you to sign something when you hand your notice in before a disaplinary, then I'm going to lean towards it benefiting them more than you. I found this short explanation on the web:
What is a Voluntary Separation Agreement?

A voluntary separation agreement is a legal document between an employer and employee, allowing the employee to resign from their position with no obligation or penalty. This type of agreement is usually used when the position will be eliminated due to downsizing. An attorney must review any contracts before being executed because they can significantly affect the company and the individual involved.

The voluntary separation agreement (VSA) is intended for use in situations with no other alternative than dismissal. Still, it does not offer any sort of financial settlement or severance pay for employees who accept it. VSA's are typically only offered to managers and high-level executives.

At a guess (and I'm no expert) I'd say it may make things more difficult if you wanted to make a claim of constructive dismissal.

[Alm101]

I am not a manager or high level. The explanation I got given was to complete my resignation I needed to fill in this form with my end date and send it off. There were no notes about accepting anything and I was giving no other information.

Could you give me advice regarding my actual disciplinary if possible please?

[ULA]

What was the notice period you needed to provide?

In terms of the invite to the disciplinary meeting, what disciplinary action have they said may be the outcome?

What evidence have they provided to you to support the allegations they are making for disciplinary action to be taken?

[Alm101]

4 weeks notice.

After I questioned why I hadn't been given goals as per company guidelines they then changed the allegation to productivity which now falls under gross misconduct. As it is gross misconduct they have said either no further action, stage 1 warning, stage 2 warning, final written warning or dismissal.

The evidence backdated 4 months from random dates and they are expecting an explanation for why things were done but due to it being so long ago I can't remember specific dates and I advised them if they brought it up at the time or at least within a few weeks i would have been likely to defend myself but due to it being so long ago I don't have any evidence to back myself up.

[ULA]

They have left their options very wide in terms of action they may take and if they deem it to be gross misconduct they may be looking to summarily dismiss you and therefore will not need to pay your full notice, even though you have resigned.

Prior to the hearing if you can look at what they have send you and have any defence on the dates in question then have them prepared. The other factor is that if there were issues they should be been highlighting them to you at the time. Issues of performance/productivity should be discussed with an employee at the time (unless they are very serious) and then if there are no improvements disciplinary action should be instigated. I guess there was no mention of a improvement plan? If not this should be something that you set out at the meeting.

One question I have is were there any issues prior to you going on mat leave?

[Alm101]

No there was no issues at all with my performance or productivity it only seems to be once I've come back but nothing was said to me and im not doing anything different. It just came out of the blue I came back from Mat leave in July and it originally got brought to my attention the last day in November.

[ULA]

You might want to raise this at the meeting as well on the basis it is only since you returned from mat leave, from which you did not have a supported return that there appear to be issues with your performance/productivity.

[Alm101]

Thank you for your advice. Do you think there is anything further I need to raise at the meeting?

[ULA]

I would also query why they have left it this time to deal with issues from 4 months ago. They should have been addressed with you at the time in my view.