About to have a diciplinary/first written warning

Discussion in 'Employment & HR' started by yeahyeahyeah, Feb 26, 2015.

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  1. yeahyeahyeah

    yeahyeahyeah UKBF Contributor

    122 14
    Hi,

    Long story short, I graduated 5 years ago. Last December my line manager decided to micro manage me, after citing a lack of performance to be the reason for doing this. Over the past 5 years I have had 2 operations, one operation (lower jaw) ended up relapsing 18 months ago. This ended up affecting my performance due to the depression stemming from this. With that said, I was never incompetent at my work. I always completed the tasks and if I had any problems always cited I had difficulty. My employers main gripe seems 2 fold;

    1) they have a history of disliking members of staff who have health problems as they feel it disrupts productivity. My managing director owns 2 companies, and in the sister company members of staff, who are in a similar situation often leave out of their own accord. In my case it seems as if my managing director is unhappy I have health problems. The company I work for is a start up and it is only until recently the culture is being defined.

    2) My line manager is taking no responsibility for finding ways in motivating the team to do well and his own shortfalls. For example I was previously working remotely, and then suddenly told to work in the office by my line manager. Instead of giving me time to readjust (I had spent 4 years working remotely, allowed to set my own hours) and making sure the development environment was properly set up. He shifted all the blame onto me, causing me to miss tight deadlines that he set (which nobody else follows). It was only after I had lodged a grievance letter, where I had Skype conversations highlighting his incompetancies, my point was taken on board. But it left a bad taste in my mouth because I ended up wondering what would have happened if I never had any recorded evidence.

    2) during the period above, when doing due diligence my line manager introduced an 'action plan'. Initially when he saw I was comfortably meeting the daily deadlines, he decided to turn them into hourly deadlines. This created a hostile working environment, and left me feeling like he was setting me up for failure. This dampened morale - left me feeling as though he was doing all that he could to build a paper trail, and I felt I was being picked on, so lodged the grievance letter. After I had lodged my grievance letter, I later found out that if I had followed his action plan, I would have failed. The nature of software development means that it is hard to set hard deadlines due to bug fixing and unforeseen circumstances. Incidentally there was one task on there, where I would have not met the deadline as half of the task needed to be trained in a language I am not trained in.

    Anyway, I eventually retracted my grievance letter and have done a lot of work. Despite this my line manager wants to escalate the procedure to a diciplinary hearing/first written warning. He told me yesterday, one day before I am off to have an operation. He told me that he had no plans to escalate it further, but it has left me feeling extremely unsettled. He has also told me that the company policy will be updated so that his hourly deadline action plan will be introduced officially, when he himself knows full well that does not work.

    3) he knows that I am suffering from depression as a result of my ongoing health problems.his attitude is that unless you are 100 percent fit to work you should not work. My health problems means that there are days where I will solve problems slower than others - persistent swelling, depression kicking in and I don't work well at all in a micro management environment as it causes my mental state to deteriate. Aside from that I am very able with the work I do.

    I am now left not knowing what to do. I have never been in this situation before. Can someone shed some light on this.

    Thanks.
     
    Posted: Feb 26, 2015 By: yeahyeahyeah Member since: Feb 26, 2015
    #1
  2. JEREMY HAWKE

    JEREMY HAWKE Verified Business ✔️
    Full Member

    6,166 2,292
    No Not really !!!!!

    Why dont you do something else ?
     
    Posted: Feb 26, 2015 By: JEREMY HAWKE Member since: Mar 4, 2008
    #2
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  3. Newchodge

    Newchodge UKBF Legend

    15,993 4,515
    First, join a trade union. Contact the TUC and they will be able to explain which is the best union for your type of work. It doesn't matter whether your employer recognises unions or not.

    The union probably can't help over the current disciplinary but they will be able to represent you if anything further happens.

    Keep a diary of what happens with your line manager, as evidence, should you need it, of his behaviour towards you.

    Why did you withdraw your grievance?

    If he escalates this to a disciplinary procedure, presumably someone else will hear the case against you? If that is not the case and your line manager intends to do it yourself, you could try objecting to that on the basis both of your grievance against him and the fact that he has already told you this will be a first written warning when that decision cannot be taken until the process has been followed.
     
    Posted: Feb 26, 2015 By: Newchodge Member since: Nov 8, 2012
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  4. HazelC

    HazelC UKBF Legend

    973 227
    You need to get into contact with a HR company, many HR Advisors or HR Consultants will offer you advice for free.
     
    Posted: Feb 26, 2015 By: HazelC Member since: Sep 7, 2013
    #4
  5. Nuno

    Nuno UKBF Legend

    4,786 1,607
    Lord love the day when advice on a Business Forum is "join a trade union". Next week; "why profit is a dirty word".

    The company is going to get rid of you, face it. If you go without a fuss you will probably get a better deal than if they have to fight you for it. A bit of money, a reference, maybe some time to find another job.
    Otherwise it will be two more written warnings and a "the door is over there" message.
    If you are good at writing code, which you imply you are, you should have no trouble getting another job in a more amenable environment. And this job sounds the pants; time to move on with the best deal possible.
     
    Posted: Feb 26, 2015 By: Nuno Member since: Oct 10, 2011
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  6. fisicx

    fisicx Moderator
    Verified Business ✔️

    35,011 10,695
    ^^This.

    They don't want you anymore. It might take another year of stress and depression but eventually you won't be part of the company. Leave now and find a job that appreciates your skills.
     
    Posted: Feb 26, 2015 By: fisicx Member since: Sep 12, 2006
    #6
  7. The Byre

    The Byre Full Member

    11,610 5,045
    I agree with the gentlemen above. Get the best possible deal and F-off.

    I have lived through this situation many times - though not in your situation, but as either a bystander, or as the person who organised the original deal and then watched as corporate control freaks met, head-on with creative talent.

    No, just a minute, I was that guy! Ages ago! "Mr Byre, you should have been here at nine o'clock this morning!"

    "Why, what happened?"

    F-em! Move on! These are people who just will never know how to manage the creative process, whether it's code, painting, or prostitution - they expect creatives to have some magic degree, turn up in pinstripes at eight in the morning and sit in a cubicle.
     
    Posted: Feb 26, 2015 By: The Byre Member since: Aug 13, 2013
    #7
  8. yeahyeahyeah

    yeahyeahyeah UKBF Contributor

    122 14
    I withdrew it because the person hearing my case , the managing director was basically not giving me a fair hearing. Ultimately, in private he told me that if it came down to it he will get rid of me before my line manager because he sees him as more valuable. It was getting really nasty and I was getting intimidated, solicitors were involved. I also withdrew it because I was a) hoping that my line manager would see this and we could put everything behind us. So when he decided to escalate it yesterday, I was left feeling extremely dissapointed.

    It is also a family business that I helped establish, my boss being my uncle was emotionally blackmailing me to get me to retract.

    It will be my managing director, but I suspect they are both in it together. I heard from the administrator girl that she overheard a meeting between them both where my boss said to my line manager 'if he is not fit to work , then you know what to do', this was months ago.

    I'm trying hard to move on , but it's proving difficult to get a new job, recently had an interview and didn't get the job. Withdrew a few applications as I am in hospital right now which is overlapping it. (All top corporate companies)

    If they are going to let me go, how much time do I have between the first and final warning?
     
    Last edited: Feb 26, 2015
    Posted: Feb 26, 2015 By: yeahyeahyeah Member since: Feb 26, 2015
    #8
  9. yeahyeahyeah

    yeahyeahyeah UKBF Contributor

    122 14
    So basically I should resign?

    I would do this, it is just getting job seeker allowance. I read online that if you voluntarily resign you can't claim it after 28 weeks.
     
    Posted: Feb 26, 2015 By: yeahyeahyeah Member since: Feb 26, 2015
    #9
  10. Newchodge

    Newchodge UKBF Legend

    15,993 4,515
    DON'T RESIGN. You will receive no benefit for a lengthy period of time.

    You will find it hard to get another job with your medical history.

    Stick it out and fight them. EVEN IF THEY ARE FAMILY.
     
    Posted: Feb 26, 2015 By: Newchodge Member since: Nov 8, 2012
    #10
  11. Newchodge

    Newchodge UKBF Legend

    15,993 4,515

    What constructive advice are you giving here? Profit is king and employees are dirt underfoot?
     
    Posted: Feb 26, 2015 By: Newchodge Member since: Nov 8, 2012
    #11
  12. InsaneCreations

    InsaneCreations UKBF Newcomer

    6 0
    Thats right you can't get job seekers (JSA) if you quit, only if you are fired (I've been there).

    Joining a union and getting proper legal advice and representation is in your best interest. This case is the very reason they exist and is protected by law. You are obviously being bullied and this sounds like its leading to constructive dismissal. It is wrong of them to do this. You will probably end up leaving the company anyway but don't let them push you out before you have secured another job.
     
    Posted: Feb 26, 2015 By: InsaneCreations Member since: Apr 20, 2011
    #12
  13. yeahyeahyeah

    yeahyeahyeah UKBF Contributor

    122 14
    Yep read about constructive dismissal, that's what seems to be happening.

    They have played on my naievity, I only became aware of this after reading your post insanecreations.
     
    Posted: Feb 26, 2015 By: yeahyeahyeah Member since: Feb 26, 2015
    #13
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  14. yeahyeahyeah

    yeahyeahyeah UKBF Contributor

    122 14
    I'm in hospital right now and my blood pressure is low, because of the stress of all of this.
     
    Posted: Feb 26, 2015 By: yeahyeahyeah Member since: Feb 26, 2015
    #14
  15. InsaneCreations

    InsaneCreations UKBF Newcomer

    6 0
    Look the best thing you can do for yourself is to know where you stand. Get a lawyer or/and talk to a union. Then give them the whole honest truth and find out under what circumstances you could be fired or made redundant and generally where you stand in this scenario.

    Don't quit. If they do commit constructive dismissal you will be better off than job seekers.
     
    Posted: Feb 26, 2015 By: InsaneCreations Member since: Apr 20, 2011
    #15
  16. yeahyeahyeah

    yeahyeahyeah UKBF Contributor

    122 14
    Once I get out of hospital I will contact a trade Union official.

    I never joined a trade Union before as I never thought I would find myself in such a situation.
     
    Posted: Feb 26, 2015 By: yeahyeahyeah Member since: Feb 26, 2015
    #16
  17. yeahyeahyeah

    yeahyeahyeah UKBF Contributor

    122 14
    If I am made redundant can I get JSA?
     
    Posted: Feb 26, 2015 By: yeahyeahyeah Member since: Feb 26, 2015
    #17
  18. InsaneCreations

    InsaneCreations UKBF Newcomer

    6 0
    Yes you can however jsa is £57 / week and it isn't nice. But if they make u redundant it may still count as unfair dismissal. Check with a professional e.g. lawyer/ union rep etc
     
    Posted: Feb 26, 2015 By: InsaneCreations Member since: Apr 20, 2011
    #18
  19. yeahyeahyeah

    yeahyeahyeah UKBF Contributor

    122 14
    Thanks for your support people
     
    Posted: Feb 26, 2015 By: yeahyeahyeah Member since: Feb 26, 2015
    #19
  20. sirearl

    sirearl UKBF Legend

    29,730 6,639

    Have you spoken to your doctor about your situation.
     
    Posted: Feb 26, 2015 By: sirearl Member since: Apr 23, 2007
    #20
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