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luvadealme

Job Problems, Work Capability Procedure Mod Please Move To Relevant Sub Topic

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Hi Guys,

Need some work/hr advice for my wife.

She is facing a capability procedure at work as she is being told she is under performing.

History.....My wife used to support an external consultant to run the finance Dept of a small, circa 50 person firm. The external consultant was pushed out (to save money) and my wife was pushed into the role, with a minor pay rise despite not really having the right ability and knowledge to do the role.

The first year went fine, but now they have realised they need someone with more experience and hence are trying to push her out by nit picking at any little mistake made.

Any HPCERS have any advice about what she should do in this situation.

Typically she has witnessed other employees pushed out when the owner loses patience with them, via dodgy hr practices.

She could just quit, but then others will be bullied.should she seek compensation or a compromise?

Are tribunals easy affairs?

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In my (HR) experience, tribunals are easy. If you're wide is a strong person she could cope. Some questions:

Is the firm likely to get the process right? So often they do it wrong, which in the tribunal's view is an immediate fail and a finding for the plaintiff.

Is your wife a union member - if so she could use their legal services, probably free.

Finally, you could get some legal advice from a employment lawyer in a free half-hour solicitor appointment.

Finally, I'd advise you and your wife to familiarise yourselves with the firm's sickness, capability, disciplinary and appeals policies. Good luck.

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I'd take the compromise. Tribunals are a waste of your life. Basically when work turns sh1t, get out!

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I'm with PIN

I wouldn't have the energy or resources to fight something like that - ask for a transfer (maybe a sister firm owned by the same boss?). Speak frankly. Once people above decide something, and you're out of the loop, there isn't much you can do.

The work place must feel like a "family" unit, we all get a long, and strive for the same goals. Once that isn't there, get out. Work is overrated!

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Yes,I have personal experience of being pushed into the wrong job, and then being told I am "underperforming", with no decent explanation. I should have left, but I stuck it out and was paid off! Your choice! :blink: In retrospect I should have left. I was the best paid bod in the team,and that was another reason :blink: . I didn't want an unemployed Christmas, so I stuck it out. But it was like Kafka's Trial. :blink:

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Ask for a settlement to leave.

This. Alternative is to ask to go back to her original role when the new person comes in but I can imagine she may not want to stay with what is currently going on.

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