capability interview - been told employer not following procedure

[lostandstressed]

I work for a franchise of a well known company and have been there a little over three years.

I have had a warning re tidiness in the workplace. I am unsure if this was verbal or written (issue was discussed and I was made to sign a piece of paper to say that this was discussed). This was not done in a private place but rather a corner. There was no timeframe given im the letter that I can recall and I was told a few weeks ago that it would be reviewed but this kept being postponed and postponed. On Wed I was asked to see the manager and was handed a letter saying I was to attend a capability meeting on the basis of around six issues, not just the one which was spoken about previous.
At this point I would like to point out that the untidiness is not deliberate. I will start to do something then be called to do another thing and forget about the first thing.
The accusations are that I pretty much don't care about thre company and that I am lazy. I barely have time to stop during the day and sometimes are not given a break on a full working day. I also start half an hour before I am paid every day as we were told we were required to do and can be there for up to an hour after we stop getting paid.
The person taking the meeting is also the person who has raised the grievance against me.
I have witnessed the manager noting down in a book on at least one occasion, a small "mistake" that I have made when he himself had told me to do the same.
I am accused of not meeting targets in a specialised area of the job yet have been told on numerous occasions that it's "not just my job", and have been told to train others on how to do this. Some parts of this I have no control over.
There has been another person employed yet in the same breath I was told that there is not enough money coming in to pay for them. This employee will start some time in the near future (after I'm gone?)
I'm stressed as the person that knows everything is pretty sure I'll be gone come wednesday.

[Harmonica]

Re: capability interview - been told employer not following procedure

Did they give you a copy of the piece of paper that you signed saying that your tidiness was discussed? If not, why not?

The person taking the meeting is also the person who has raised the grievance against me.

This would not be fair and they must follow a fair procedure. It could give you potential to claim for unfair dismissal. Also, covertly record the meeting as they must follow a fair procedure but they might make mistakes during the meeting that you can rely on at an ET at a later date.

Also put in a subject access request. They have 40 days to give it to you. By then you might have been dismissed but it migh throw up some evidence (incriminating emails etc) that you could use at an ET if you are unfairly dismissed. http://ico.org.uk/for_the_public/personal_information

[lostandstressed]

Re: capability interview - been told employer not following procedure

I wasn't given a copy just told to read and sign and it was taken to put in a folder somewhere in the office. I did not question it at the time and wasn't given any reason why I did not get a copy.
Another member of staff has told me that the employer contacted his doctor to ask if he was safe to work.

[bluebottle]

Re: capability interview - been told employer not following procedure

This employer sounds like an employer from hell. Ring ACAS first thing Tuesday morning.

[lostandstressed]

Re: capability interview - been told employer not following procedure

I am planning to. Luckily I am not back until Wednesday. What really kicks the boot in is that he acts like he's my best buddy one minute then goes into "manager mode" the next.

[teaboy2]

Re: capability interview - been told employer not following procedure

Hang on something doesn't make sense here - You said your being asked to attend a capability meeting for 6 issues (Could you please list them too?) yet then go on to say the manager that issued the grievance against you is holding the meeting. What grievance? Are you sure its a capability meeting (have they asked you to attend in writing?) and not a grievance hearing?

Can you please clarify what the grievance was when it was issued etc? Or whether it is just a case of the manager bringing the issues to your attention and now has decided to hold a capability meeting with you?

[lostandstressed]

Re: capability interview - been told employer not following procedure

Hi, the meeting definitely is a capability meeting. Issues include tidiness, interpersonal skills, ability to achieve set goals, laziness towards tasks, how your actions are percieved by colleagues. My assistant manager had told me that the manager had raised a grievance against me and was also taking the meeting.

Hang on I have just reread the letter and it says that enclosed are copies of the documents that will be used as well as the company capability rules and procedures. I have none of these just the letter which I never got. I was handed the letter and nothing else.

[bluebottle]

Re: capability interview - been told employer not following procedure

What you are describing sounds more like bullying than legitimate employment procedures. What the managers are doing or proposing to do is likely to come back and smack them in the face. It could also come back and smack senior management in the face, too, only they have more to lose, like loss of reputation as directors and, possibly, a ban from acting as company directors. The described do not seem to have a clue or appreciation of the consequences or implications of their actions for the company and those it employs.

[teaboy2]

Re: capability interview - been told employer not following procedure

Hi, the meeting definitely is a capability meeting. Issues include tidiness, interpersonal skills, ability to achieve set goals, laziness towards tasks, how your actions are percieved by colleagues. My assistant manager had told me that the manager had raised a grievance against me and was also taking the meeting.

Hang on I have just reread the letter and it says that enclosed are copies of the documents that will be used as well as the company capability rules and procedures. I have none of these just the letter which I never got. I was handed the letter and nothing else.

I doubt the manager has raised a grievance to be honest, as it sounds as though the manger has just grown tied of you or believes your performance warrants taking you down the capability meeting procedure as per his right to do so, so their is no biased there - Though whether they are acting fairly is certainly questionable. Is the meeting a formal performance review? Or have you ever had a formal performance review (verbal discussions on shop floor don't count)?

Do you have a copy of the alleged company capability procedure that you mentioned above? Can you scan or copy a copy up for us and can you at the same time point out any part of the procedure that they have not followed?

Also, you need to make demands for copies of the documents mentioned in the letter, and for copies of all performance reviews in the past 18 months - If no written performance reviews, then no formal performance reviews were ever carried out and they would being dismissing you unfairly, should they dismiss you. If need be as them to postpone the meeting to a later date, until they are able to provide the documents and copy of previous formal performance reviews. Request both in writing and keep a copy and send it by email or recorded delivery.

By all means contact ACAS in the morning, as they can also contact the employer to mediate.

[bluebottle]

Re: capability interview - been told employer not following procedure

Have to agree with you, TB. However, I have come across so-called capability and supervision meetings which are little more than a cover for bullying. I would be very concerned if a person who raised a grievance was holding a meeting. That is not only perverse, it goes completely against fairness and natural justice. I can see this manager dropping the company and its senior management well and truly in the crap with their actions.

[lostandstressed]

Re: capability interview - been told employer not following procedure

From the way I'm seeing it the person who has the issues with me is being judge, jury and executioner of the entire thing. I have never seen the capability procedure and I doubt that the manager has either. It seems he has been emailed a letter, filled in my name, address and the allegations and not read the rest. At the end of the letter there is a "multiple choice score out the wrong answers" type sentence where he was supposed to show whay the potential outcome of the meeting could be. This has not been scored out and states that the employment can be terminated due to short service. I've been there since 2011!

[lostandstressed]

Re: capability interview - been told employer not following procedure

Teaboy - I have had performance reviews but these were to be done every 6 months and my last one was at least 8 months ago if not longer.


Would acas be open today due to it being a bank holiday?

[bluebottle]

Re: capability interview - been told employer not following procedure

Teaboy - I have had performance reviews but these were to be done every 6 months and my last one was at least 8 months ago if not longer.


Would acas be open today due to it being a bank holiday?

No. Ring them tomorrow morning.

[teaboy2]

Re: capability interview - been told employer not following procedure

Teaboy - I have had performance reviews but these were to be done every 6 months and my last one was at least 8 months ago if not longer.

Were they formal performance reviews done in written form and signed by you? Or just verbal on shop floor?