Need Help with a Capability Hearing?
I recently assisted a client with a difficult situation at work where she faced allegations relating to her performance and capability. As my client had less than two years of service, she was anxious the allegations would lead to her dismissal and she would have no recourse in the Employment Tribunal. Read on to see how I helped her….
By the time my client came to see me, it looked like she was already three months into a performance and capability process. After reviewing her papers, I discovered over nine issues of concern that her employer was unhappy about. After carefully listening to my client’s instructions it became clear that she had reasonable explanations for some of the allegations she faced, she had only received limited training in relation to others, and she was very keen to remain in her role if possible.
To give my client the best chance of remaining employed, I advised her to prepare a detailed statement to hand in to the performance and capability hearing she had been invited to attend.
I advised my client to include the following information in her statement – a) an individual and detailed response to each of the issues raised – some were simply not issues that should have been raised on a formal basis and some were not within my client’s remit, b) examples of her good work, (including character references where possible), c) examples of where her performance had already improved over the three month period, d) an offer to undertake any further training that her employer felt may enhance her ability to carry out her role in the future, e) evidence of potential inconsistency should she be dismissed, and f) a personal statement about how much she cared for her role, and wanted to continue within it.
My client did as I advised and the outcome of the final performance meeting was that no further action would be taken. My client was over the moon and I received the following feedback: –
“After careful consideration, no further action was taken and so all is well now. The advice you gave me was instrumental, particularly the statement…for this I thank you unreservedly…”
If you are experiencing any problems at work, I can help. Please call me on 01522 440512 or visit the website of LincsLaw Solicitors on www.lincslaw.co.uk for more information about the services we provide.