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Unfair Dismissal?

  • 25-10-2014 3:13pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    Was put on a four week PIP (Performance Improvement Plan) with no formal warnings in advance... In the meeting (just myself and manager in attendance) where I was put on the PIP, I wasn't advised of my right to representation (in fact told not to speak to anybody about the PIP within the company) or appeal.

    Though I questioned the reasoning for the PIP (told manager I felt it was unfair when getting put on it), I thought the PIP was achievable so decided to get on with it - especially considering I thought we were early in the disciplinary procedure having read the disciplinary policy. Each week, I was required to give updates to the manager to show what I was doing to meet the PIP - he refused to give me feedback, saying that he wanted me to find my own way. After four weeks, the PIP was was extended by a week because an 'investigation' had to be done considering one of the objectives wasn't met (which was outside of my control and communicated to the manager as soon as there was a problem). I believed I had achieved all objectives in the PIP with the exception of that one.

    When the PIP completed, the manager came back to me with a load of unfair feedback (mostly trivial, one off incidents or else criticisms that were simply unfair upon taking certain factors into consideration). Right after this meeting, sent an email to HR manager to ask for a phone call. She replied the following day by email CC'ing the manager in question with a requirement for me to attend a disciplinary meeting. I thought this meeting was in response to my email the previous evening.

    At the beginning of the disciplinary meeting, I was informed it could result in termination and it did.

    In the PIP, there is a clause stating 'continued employment is conditional upon completion of these objectives by a certain date'... This is in a short paragraph right at the end.. right before signing.. But before that, in the main body, there is a conflicting/misleading line stating that 'failure to meet these objectives by the date will result in further disciplinary action upto and including dismissal'.
    I didn't see the 'continued employment' clause until it was too late (was understandably flustered when signing the PIP which I requested to review that evening before signing but was pressured into it by the manager)

    Thoughts/opinions?


Comments

  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Nobody here can tell you if it's unfair dismissal tbh. You need to speak to an employment solicitor, and quickly. Note everything down while it's fresh in your mind, with times and dates.


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