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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46783
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a mechanical fitter with a HSC trust . I got this job

Resolved Question:

I am a mechanical fitter with a HSC trust . I got this job with NVQ level 3 in plant machinery
I am now being asked on a daily bases and givin plumbing & heating tasks to complete with
No formal training or qualification I this trade. I asked my supervised for help and assistance on a job I did not fully understand. I have now had all rota duties and overtime removed from my duties . And will be issued with a capability or procedure deeming me weak in performance. Where do I stand please help . Craig
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.
How long have you worked there for please?
Customer: replied 1 year ago.
8 years from January 07 the job description was changed on 2013 plumbers & fitters have been amalgamated . And called multi skilled mechanical we Had been told new skills would be accomplished through shadow training . Learning from each other
Customer: replied 1 year ago.
I am still working under my first job description and have never signed another.Heating on an industrial level is part of a fitters remit in this post but sewers toilets and domestic hot water is not. None of this is part of my core skills or trade.
Expert:  Ben Jones replied 1 year ago.
Whilst the employer could generally take disciplinary action for poor performance, this needs to be done fairly. An employee's poor performance is a potentiality fair reason for disciplining or even dismissal under the Employment Rights Act 1996, as it would amount to lack of capability. This should be assessed by reference to an employee's "skill, aptitude, health or any other physical or mental quality" and must relate to the work that they were employed to do. So this is the key here – you are not being disciplined for poor performance in the job you were employed to do. In order for a disciplinary for poor performance to be fair, an employee must be warned that they need to improve, be given reasonable targets for improvement within a realistic timescale and be offered appropriate training and/or support during the monitoring period. Generally, the reasonableness of such action would be measured against the following criteria:{C}· Did the employer have reasonable belief in the employee's incompetence;{C}· Was the situation investigated and was the employee given the opportunity to voice their side of the story;{C}· Was the employee aware of what was required of them in terms of satisfactory performance;{C}· Were steps taken to minimise the risk of poor performance through training, supervision, etc;{C}· Was a proper appraisal conducted and was the problem identified in a timely manner;{C}· Was the employee told of the consequences of failing to improve and were they actually given the chance to improve their performance;{C}· Did the employer consider offering alternative employment. The above are just examples and what a tribunal would generally look for when deciding the reasonableness of a disciplinary. If there is a genuine belief or evidence that the employer has acted in a rather heavy-handed manner and not satisfied at least some of the above requirements, the disciplinary could be challenged. The first step is to appeal directly to the employer within the allocated time for an internal appeal. After that your options depend on what the outcome is – if it is a dismissal then the only viable option is to consider a claim for unfair dismissal in an employment tribunal, subject to having at least 2 years' continuous service. There is a strict time limit of 3 months from the date of dismissal to issue such a claim. If you are issued with a warning, then you cannot take it further apart from an internal appeal and you will have to resign and claim constructive dismissal if you wanted to claim. Obviously that is a last resort so should only be used as such. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46783
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
In a meeting I stated I would like training in these areas . They say that heating was what I was employed to do so that causes need for the capability. But my point is I got this job as a mechanic fitter and am still not trained on heating systems with so many types throughout the trust to deal with . Is this a fair point and can I carry on with this argument to try to stop capability unless I think they give me training . At the moment I feel demeaned . Thanks Ben your very helpful
Expert:  Ben Jones replied 1 year ago.
They need to give you training for areas which you are not trained/qualified to do and they expect you to undertake, especially if they are going to discipline you over it, so yes your argument still stands. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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