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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47600
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben I have been working as a marketing manager in a company

Customer Question

Hi Ben: Just to let you know this is the first time I have had this feedback. No mention of anything like this since I have been doing the job.

Hi Ben I have been working as a marketing manager in a company in London since Nov 2012. I have had good reviews and was promoted in April 2013, had a rise to do job and a bonus in Sep 2013. I had a brief review with my now 'old' boss early this year re H2 2013 and he said good job. Ratings then for H2 2013 have to go before a review panel. I put forward ratings for my team of 2 and was given them a couple of weeks ago which were good/excellent. We have a new marketing director who wanted to go over H2 2013 appraisals again with the marketing managers as she didn't join until 17th Feb this year. I had a meeting with my old boss and new boss last Thursday. In this meeting I was told I had been given a 2 (low score 'fair' not met objectives yet) and in the same meeting given 'feedback' from my team and the business stakeholders which basically sums up to I am not doing a good managers job or executing effectively. I was visibly shocked and so was my old boss who said I had done some good things and had performed well, however, in the review board it was stated by a few stakeholders that Public Sector (I am Public Sector Marketing Manager) 'could have done better'. My team (one in particular) who I have had I thought a very good relationship with has literally gone for jugular and been disingenuous (hard to prove). It feels like a witch hunt. I am aware that the Sales Director does not 'like me' and for the first time in the company's history sales targets were not met in H22103 (he was promoted into this post in July 2013 ). I realise I have not been there 2 years, however, and I would say this wouldn't I but it's true. I have worked my butt off, travelled to London to work closely with stakeholders and team (based in bham close to home but always travelled to make sure I was on top of job). We were a new team in Nov/Dec 2012 with little government experience but sheer tenacity, energy, willingness, drive and ability has driven the team to succeed and succeed well. It is stated in the notes that it was largely done by the team that I do not understand the business strategy or the markets and struggle to put a plan aligned to the specific needs and that I only care about my success. My team have always been supported, work prioritised and directed in a focused way, given high ratings and promotions supported. I am flexible and supportive and firm and fair. As you can imagine I am devastated but have used the weekend to try and put this all into perspective. Deep down I think my role has been made untenable. My new boss has kicked a process off that purportedly is there to help me over the next 4 weeks get up to scratch. then if that doesn't work out I guess I go on a PIP, probably towards disciplinary. I wondered if you can give me some help with if I have any options here? Could I ask that this question doesn't get publicised yet

Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. can you leave this with me to give you the best advice on this I have a short meeting this morning and will get back to you after 2pm if that is ok with you.

JACUSTOMER-st3p6rxj- :

yes sure

Ben Jones :

Thanks for your patience. The issue you are going to face here is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

A dismissal could also occur for reasons relating to alleged poor performance, even if you believe and have proof that this is not the case. The employer is not required to justify the fairness of their dismissal and would only be required to serve you notice as per the terms of your contract.

This places you in a somewhat vulnerable position for the majority of the remainder of the year because the employer can dismiss you at any point if they believe that you have not improved your performance, or for more or less any other reason.

So the best you can do in the circumstances is to try and meet their objectives, try not to argue too much over it so that you do not get on their wrong side and in general try your best to resolve this as they deem it appropriate. There could be several nervous months ahead due to your lack of protection but try not to think of the worst and remain positive, concentrating on their specific reasons for going through this and working with them to show them you are capable of doing your job.

JACUSTOMER-st3p6rxj- :

Thank you and if I decide to resign this week can they still make me enter into stage 1 of a PIN. My notice period is 3 months.

Ben Jones :

Hi, yes they can if they decide that is appropriate - until your employment actually terminates at the end of your notice period you continue being an employee and of necessary they can still place you under performance review. Whether they believe this is necessary in the circumstances and they take up their time with it knowing you are leaving is another matter but it could potentially happen

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

JACUSTOMER-st3p6rxj- :

yes thsnk

JACUSTOMER-st3p6rxj- :

yes thank you

Expert:  Ben Jones replied 3 years ago.
You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:

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