I have recently advised a client who became an unexpected participant in a capability procedure at work. My client believed the capability procedure was unjustified but they did not know what action they could take to protect themselves at work. Read on to learn more.
I first spoke with my client in July 2023, for a Fixed Fee Consultation. In our initial meeting, we took the time to gather all of the relevant facts and circumstances. In short, my client was a successful manager and they had regularly achieved their targets/KPIs at work. In 2022/2023, my client continued to achieve their overall targets. However, it was accepted that some of the objectives set had not been met. In any event, my client attended their yearly review and received a good score. They were therefore shocked when, out of the blue, a notification was received that a formal capability procedure was going to commence.
When I met with my client, they were understandably upset and confused by the situation. It resulted in them becoming unwell and being signed as unfit to attend work by their GP. They explained they simply could not return to work, given the circumstances. We therefore discussed a way to protect their position and help manoeuvre them into achieving a successful exit package with the Company.
Formal Grievance & Without Prejudice
I explained the best course of action was to submit a Formal Grievance. It appeared to me that there was more at play than a capability procedure. I considered the capability procedure may have begun because of their sex. We therefore agreed I would draft the Formal Grievance on their behalf and once completed, submit a Without Prejudice offer to the Company. In essence, Without Prejudice correspondence is private which means, if the matter ever proceeded to the Employment Tribunal, any Without Prejudice correspondence would not come to the Employment Tribunals attention. Without Prejudice correspondence is usually used to discuss a settlement proposal.
Following submission of the Formal Grievance and Without Prejudice letter, settlement negotiations soon took place and my client achieved a very good settlement. They very kindly left me the following review:
“I was in a very difficult place when I first spoke to Lucy. I had minimum experience about employment process and the laws governing employment procedures. Lucy was very professional and put me completely at ease, the best decision I made was to instruct her to act on my behalf. Thank you very much Lucy.”
How Can Lincs Law Help You?
If you are experiencing a similar issue at work, please do not hesitate to contact us for a free, initial and no obligation telephone call. You can telephone and speak to a Specialist Employment Solicitor by ringing 01522 440512. Alternatively, you can contact us by emailing ContactUs@lincslaw.com.
If you would also like to read more on your rights or what you should do during a capability procedure, please visit our website by clicking on the following link; Performance Procedure – LincsLaw Employment Law Solicitors
Tags: abuse of capability procedure capability capability procedure failure to meet KPIs lucy stones performance performance related procedure settlement agreement unfair treatment at work without prejudice