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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68988
Experience:  Qualified Solicitor
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I have been given a stage 1 poor performance letter for

Customer Question

Hi.
JA: Hi. How can I help?
Customer: I have been given a stage 1 poor performance letter for failure to successfully complete my portfolio. I have until Tuesday to submit an appeal against that decision. My union rep is going to look at my appeal letter however is it acceptable that my employer can put me on poor performance given that it was submitted early. I just didn't meet nine elements satisfactory. My portfolio was due in on the 31st Jan I submitted it on the 23rd Jan. In my annual poor poormance review I got a 2 star. Can you be subjected to poor performance whilst on training. Is there any case law to say you can't providing you are doing your best.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Since February when my portfolio was assessed by assessor I had to want to for management to decide what the next steps are. They opened a poor performance case and issued me with a written warring. I have given a 4 week extension for completion of my portfolio via my director when can be extended for a further 4 weeks. I have asked to attend a stage 2 meeting. Stage 3 reading our policy can led to me being fired.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Permanent empolyee. I work as Criminal Investagtor for the Home Office (Immigration Officer) yes I part of PCS.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Hmm not sure. I have make an appeal to a senior manager on Monday via my PCS representative.
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 1 month ago.

How long have you worked there for?

Customer: replied 1 month ago.
I've worked for the Home Office all my adult live. I worked in the director's office before moving to a unit called performance and change unit. I moved to an operational role a few years a ago but due to lack of work no mentor I had to get a two extension. My final extention for my portfolio was 31st January 2020.
Customer: replied 1 month ago.
Ok
Customer: replied 1 month ago.
Is there any caselaw / case examples whereby someone has been issued poor performance while in training...
Customer: replied 1 month ago.
You have charged me for telephone conversation.
Customer: replied 1 month ago.
Is there any update.
Expert:  Ben Jones replied 1 month ago.

Hi, sorry I was offline by the time you had replied earlier.

Going back to your query, it is possible to be subject to performance reviews, even if you are training. There is no law which says that cannot happen. Your rights will mainly depend on what the employer does as a result and if they take any more formal action, such as dismissal. That is when things could be looked at in more detail and whether their actions were fair.

Generally, the reasonableness of action for poor performance would be measured against the following criteria:

· Was the situation properly investigated and the alleged poor performance issues identified – this would include looking at the employment contract, training records, appraisals or other performance monitoring criteria

· Was the employee made aware of the problem and given realistic timescales to improve

· Was the employee provided with the necessary support or training

· Was the employee’s progress reviewed during the monitoring period

· Was the employee told of the consequences of failing to improve during the monitoring period

· Was alternative employment considered to avoid the need for formal action, such as dismissal.

None of the above are dependent on whether you are training or not, but common sense and reasonableness would dictate that if you ate training, the expectation should be lower and the employer should at least give you opportunities to improve before they consider official disciplinary action.

Does this answer your query?

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you