verbal instruction not to show up at work & disciplinary hearing ?

[Employmentissues]

Hi,
I would like to ask for quick advice. You've been recommended as kind and helpful people and quick to respond, thank you very much in advance for any advice you can give before talking to CAB tomorrow aobut this.

I am employed for 10 months in a private company. My probation was for 3 months, extended for 3 more. No performance reviews were held (or criteria given) during this period or after, and no measurable performance criteria or results (except whether documents are posted on sharepoint, some of which are to be done by colleagues but accountability lies with me.) My objective setting has been started for this year, but has not reached final agreement and is not signed.
The environment is quite stressful - been thrown in on the first day without training and support (eg mentoring) is scarce. There's no day-to-day line manager, more of titular line manager. The first line manager left a few months ago and now one of the senior managers who knows my jobrole acts as line manager for my team.

I had an internal meeting last Wednesday - I fell sick on the train and was very unwell on the meeting. I came across uninterested and during the talk 1-2-1 with a senior manager after said meeting about why I came across like that, I complained and cried. I understand I made this manager embarrassed on the 1-2-1 he started straight after the internal meeting, and I "flipped" because I was in a lot of pain at the time. But I had issues with relationships at work (only verbally told of these, and not in official manner except when my probation was extended) because I come across agressive at times, especially when stressed.

The following day, on a meeting I requested with my line manager, I was told I failed on performance (the documents on sharepoint, taken as proof I follow process) - and that this behaviour was unacceptable, so me and my line manager meet today f2f to discuss whether this environment is good for me and what's the best way to address.

Today on the meeting, flagged to be informal, I was told that my line manager wants to move to formal process and while he will seek advice from HR about the possible ways to handle, he wants a disciplinary hearing and move to dismissal. The reason is the above detailed and that he doesn't see me long term in the company and doesn't want another meeting about my performance.

He sent me home after the meeting (3pm) but I remained at work until close of play. He also told me to stay at home and wait for his contact of what the next steps will be, take my work laptop with me but not to worry I am not to do any work and he will contact anyone needed that I am off. He told me it doesn't affect my # of sick days, or my available holidays, it won't reduce those. However, none of this is in writing.

I will contact CAB first thing but please could you advise;

- Can I be dismissed on disciplinary hearing without any written warnings or PIP or anything like that?
- Should I avoid going to work based on being told verbally only that I should stay at home?

Thank you very much!

Update
- I don't have any details of the performance review of which I failed and I was told for the first time that I have performance issues on last Thursday when I was told of the f2f meeting I had today.

[judgemental24]

Re: verbal instruction not to show up at work & disciplinary hearing ?

You can be dismissed without any warnings if the charge is Gross Misconduct

Your manager has told you to stay at home, i would send him an email for confirmation

As you have been employed for less than 24 months i would start preparing for the worst

[Employmentissues]

Re: verbal instruction not to show up at work & disciplinary hearing ?

Hi, thanks for the prompt response!

I was not told that I did a Gross Misconduct (My crying and complaining to a senior mgr 1-2-1 or looking disinterested on a meeting, later explained why)
Also I am told the reason is:
- I stressed out and cried & complained on that 1-2-1
- I failed on a performance review (I don't have the results or details, never received, but I requested it today.)
- A colleague raised I may not have the skillset / experience to handle a complex delivery to a complex client - which was raised around the same time. It was raised after I sought advice from that colleague how to go about starting this delivery.
But basically, he doesn't see my long term future in the company.

I was always transparent about my skillset and experience though and my performance was not flagged to be an issue before, on the opposite. My line manager also said today he thought I did quite well actually until seeing the results of this review (the documents, but that's only an assumption, that I make based on an earlier explanation of how process following will be confirmed.) I had good reviews before this about my performance.

[judgemental24]

Re: verbal instruction not to show up at work & disciplinary hearing ?

I am sorry to be blunt but any extenuating circumstances matters not one iota

They can get rid of you at the drop of a hat with no comeback

You have done less than 24 months service

Sorry but you need to prepare for the worst on this one

[Mr $quandaŁot]

Re: verbal instruction not to show up at work & disciplinary hearing ?

It does sound like this isn't your ideal job anyway, and your skills and experience don't match the company's requirements. Having said that, there seems to be some serious issues going on from inadequate training to poor communication in the company.

Law allows for anyone to be dismissed pretty much for any reason within the first two years of employment, except for discrimination and health and safety related issues.

Extending probation periods isn't as uncommon as many would think. In some companies it happens quite a bit which itself is an indication of poor hiring process.

Once things have reached this point, the outcome will very likely be dismissal. Try to negotiate a neutral reference and spend the time you have now looking for something more suitable.

[Employmentissues]

Re: verbal instruction not to show up at work & disciplinary hearing ?

Hi,
My probation was extended like this:
I was told I am doing really well. Week before my probs end, with no review booked or conducted, I tried to follow my then-line managers instructions and was called out loudly in the open office by someone for it. My line mgr backed off leaving me hanging, telling me to do what the person told me to. Later I was told by others that that person had the power to get people sacked, which I didn't know - I wasn't introduced around or told of most people's roles. Straight away I had my review booked, and was told on the review how "multiple complaints" were raised about my conduct but my performance was stellar.
On my employment confirmation, my then-line manager was leaving. I had no reviews or support during the extended probation period but was not allowed to flag this on the review. He told me I'm confirmed and my work still stellar, then described me as a horrible person in 15 minutes, he was insulting me until I almost cried. Later I repeated some of those statements to my current line manager who responded that many raised such issues with my then-line manager.
Basically I had no training, no performance review or criteria set. I was told I am agressive (even rude) but I swear I am not more that than anyone in the company, been on the receiving end quite much, and even worse. And I am certain, I improved a lot in terms of handling the stress and behaviour. I have challenges in work, but I also did 100% stuff and have happy customers which my line manager confirmed.

[Employmentissues]

Re: verbal instruction not to show up at work & disciplinary hearing ?

Hi,
An update on this issue -

I was called today by my line mgr to advise me that a letter is sent to my address.
- details of what the hearing will be about will be included in the letter
- I asked for statements and performance review results included to which I was adviced some information will be in the letter, and I will receive the requested information on the hearing.
- I was told no formal decision will be done on the hearing, and I will be able to take away the details I am presented with to review these.

This hearing is expected to be on this week, because I am booked on holiday from next week and my line mgr advised he'd like to resolve this before I go on holiday.

I confirmed all the above in writing but also advised that based on the letter contents I may have to cancel my booked holiday. (Reason is I don't want to use up my holiday entitlement if I end up dismissed at the same time.)

So how does this affect what's going on? I should be able to prepare for a disciplinary hearing with the evidence ""against me" according to CAB...
Thanks for any advice you can give, I appreciate it.

[judgemental24]

Re: verbal instruction not to show up at work & disciplinary hearing ?

Hold on a sec

They have to give you advance notice and release any information they will use in this hearing prior to the hearing taking place.
That is in the ACAS Code of Practice at least 48 hours before the meeting takes place

The reason for this is so a Trade Unon rep or work colleague can go over what evidence the employer is using as to any allegation

Let us know what is in that letter before we jump the gun though

[Employmentissues]

Re: verbal instruction not to show up at work & disciplinary hearing ?

Hello All,

Sorry for not updating sooner. I had my hearing today.
The letter had 3 allegations, "alleged underperformance" / "alleged dissatisfactory adoption of a process" and "alleged breakdown of relationship with technical peers". The supporting evidence was a spreadsheet (checking if documents are produced per process based on sharepoint and a standard list of docs needed - so if something from the standard is not required once, it's amrked as missing for example and causes loss of points awarded.) plus two emails. one of the emails briefly described the talk when I cried. The other one was worse, it had some allegations (making a client wait and chase, "sitting on information", not pitching something correctly to aclient) and accusations like "there may be more, cannot think of it now" and "someone said that this employee in a particular process did something, had good intentions but execution was poor" and the someone who said it remains unnamed, no client or collague named. what could I do to defend it, I just noted it cannot be defended this way because they didn't provide clear information and supporting evidence or witness statement what this is actually about. The letter does not say I did a misconduct. In fact, none ever said that.

most of the defence is like this - no "technical peers" named with whom relationship is alleged to be broken down and the xls was 50% when I reviewed it turned out to be on 70% and I havent even completed a full correction of it, but it placed me into the higher performers not the lower ones, and I wasnt the lowest with the original score either.

On the hearing these I wasn't able to present. It went almost immediately into new allegations not on the letter. New issue in communication, and even a statement that someone escalated I am not fit for my role in this company, which was never told me before. As I insisted to check my defence document, I was asked to go into one specific bit of it - unfortunately this is the bit where the two emails supporting the case against me have a contradictory complaint, one complains of what I was not doing quickly enough, the other complains I was trying to do it while he thought I shouldn't just do it yet. the person chairing the meeting, my manager also got tangled up in this allegation - he said I failed not obtaining result, then said he disagrees that the result I was to obtain is more important then what actually was done instead because what was done instead is needed, but then he says I failed because I let what was done instead happening instead of obtaining the result. I don't know if this makes sense... Cannot give the exact example but this was the case argument.
My manager was more and more irritated as I defended, he obviously and clearly didn't like that there is a defence. There were two monolouges attempting to convince me that I deserve to be dismissed eg. I failed no matter what, basically. These monolouges came after the two isuses where I defended and was making a point and not accepting the accusation.

I was also accused of lying on the meeting. I repeated what I told before only to be told what I previously said was different, and there was a denial of the evidence I haad to support my defence (my manager authorised something, but now denied) - then I put the written evidence on on the screen by a third person stating he authorised... Also my witness was the colleague whom got that authorisation half yr ago and he confirmed it as well. This seemingly angered my manager.

Then he asked to go out and talk to HR, and when they came back I was told the meeting is adjourned, as there are clearly discrepancies in what other people said and what I said, hence they have to review my defence and talk to the other people now. And I am on gardening leave still, until they complete this.

This really scares me because there were so many gaps in the "case" against me, and what was submitted, and the only way I could interpret this is that my manager also realised this. But now, they have my defence and evidence, and "going back to people whose name came up and where there are discrepancies" is basically collecting statements to support where there was none collected, and basically introduce new evidence, but most importantly introduce evidence based on how to pull apart my defence. I don't thikn that is the Acas process. Their evidence shouldve been submitted and they shouldnt just take away mine and submit new stuff based on it and make a decision based on their new stuff - that I had no chance to defend. it doesnt sound right.

sorry for the lengthy explanation. what do you think?

Edit - FYI my contract says my EHB disciplinary procedure is part of my contract, and Acas advised that means if the process isnt followed they are in breach of contract, but the process has a "we retain the right to amend the process considering the length of service as well as any special circumstances at our discretion, and in some case you may receive no warning but be dismissed at first offence" which was highlighted in the disciplinary letter. my manager is absolutely obvious in his wish to dismiss me and be done with it. I submitted defence for the performance case he sent, cannot dismiss me on performance on this I am not a bad performer (but then, now he can itnroduce any evidence I may not have thought of without having to give me chance to review and defend it!) regarding conduct... there's a table that's to be followed, eg unsatisfactory conduct = verbal warning, misconduct = written warning etc. I am still uncertain what is the actual offence I committed?? It's all over the place, it's not even clear whether it's a performance issue or a conduct issue, that's not communicated, and the conduct issue refers to things contradicting each other, so you don't know which is right - if you did one the other would still complain? E.g. one complaining you were slow to do something, the other complaining you were two quick, and the case argument being; you needed to do something urgently, but failed at completing it with your colleagues (the thing you were too slow, but at the same time also too quick at doing as per the evidence) - but then, you should've let your colleagues get on with what they were doing and not aim at the thing you need to complete - but then again, you should've controlled your colleagues better so that you get the thing you needed to complete! And I wasnt allowed to present my full defence for all the allegations, eg performance spreadsheet wanst even touched on...

[Employmentissues]

Re: verbal instruction not to show up at work & disciplinary hearing ?

No response :,(

Please could one of you send me a PM who knows employment law? I have a question regarding breach of contract. Thank you ever so much to the one who messages to help!