Alfreton14Blade
Well-Known Member
- Joined
- Dec 27, 2013
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What? It's raining cunts? Hallelujah
Fat lady singing?
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What? It's raining cunts? Hallelujah
Their notice period will be the length of their contracts, just like yours.
The difference is that theirs is fixed (and long), yours is rolling (and short)
UTB
No - it's not over yet.Fat lady singing?
Get HR involved and sort one of these out:
A Performance Improvement Plan (or ‘PIP’ as it is commonly known) is a process frequently used by employers where it is bring alleged an employee has not carried out work to satisfactory standard. It is usually set out in writing for the employee to acknowledge and accept, and is often also coupled with the formal disciplinary process (although it doesn’t have to be).
The PIP should:
Should you sign a PIP that you do not agree with?
- clearly and objectively set out where you are failing;
- set out the improvement expected of you using measurable objectives;
- state whether any support or training will be provided;
- provide for the timescales and frequency of reviews; and
- make clear what sanctions there will be if you fail to improve.
If you do not agree with the performance process, first and foremost, you should not sign or be seen to be complying with it- even if your employer is attempting to force you to do so. It will be much more difficult to defend your position if you have already signalled your agreement to the process. You should, if possible, take early legal advice before you do anything else.
Is there an alternative to your having to go through a performance improvement process?
If the situation cannot be resolved informally with HR or your line manager, it will always be a good idea to lodge a formal grievance setting out why you are not happy with the process and what you do not agree with. The grievance lays down a marker to your employer in an open and formal manner that there is an issue, and something they will need to investigate. The PIP process is often put on hold once a grievance is investigated, although this is not always the case.
Alternatively (or in addition), it may be possible to come to an agreement with your employer to leave employment on mutual terms under a settlement agreement. This is especially where you consider that whatever the outcome of the performance process, the employment relationship has broken down. From an employee’s perspective, the indignity of being put on a PIP in itself will often be enough to result in a breakdown of trust and confidence with their employer, especially where the PIP perceived to be without foundation. Indeed, in extreme cases where being placed on a PIP makes the continuing relationship untenable, and it can amount to constructive dismissal.
This is a highly tactical situation and not one that should be adopted if possible without you being aware of all your rights, including what type of settlement is possible. It is for this reason that it is usually far better to have legal representation in negotiating a severance so that you do not say or do the wrong thing which could put at risk a negotiated settlement. We have successfully negotiated thousands of settlements where employees have been put on a PIP.
Negotations should always be conducted on a “without prejudice basis“, which essentially means “off the record”. If terms can be agreed, we always ensure that part of the settlement will include an agreed job reference and appropriate non-derogatory clauses,so you are not bad-mouthed in the future. The full terms of the settlement agreement will need to be carefully negotiated.
What if your employer approaches you with a financial settlement?
You may be approached out of the blue by your employer, and be offered a financial payment to leave. This is known as a “protected conversation”, which means you cannot rely on such a discussion in any future tribunal proceedings. Such an approach is quite common where there are performance issues, as it saves both parties going down a lengthy process when a continuing relationship is going to be unlikely in any event.
Under Acas guidelines, you are entitled to a period of 10 days to consider any offer, and you don’t have to accept it. An employer cannot rely on the same degree of protection where there has been undue influence against an employee to accept an offer, or against a background of discrimination, whistleblowing and harassment. You should if possible take immediate legal advice if you have been approached by your employer, not least, because you are unlikely to know whether what is being offered represents a decent proposal.
It's kind of funny how we're 4 points off the playoffs but it feels like about 40 points. It's like being stood right outside Harrods with 12p in your pocket.
No.
He just needs to sort it out and either get them out of the club on loan, or if nobody wants them, drop them from the squad and force them to train on their own. It worked well for Kenny Jackett when he took charge at Wolves.
What I do think is pointless, is what he has done, publicly single out one player in the media for not following his instructions, and then back tracking the next time he speaks to the media. He comes across as such a soft touch and I'd be amazed if players don't take advantage of that.
I'd presume Baxter was sacked for breach of the terms of his contract?Not necessarily. Some FTC's have a clause in that allows termination earlier in certain circumstances - ask Jose Baxter Baby.
No it will be a gross misconduct offence. Not usually in the Contract of Employment but will not doubt be in some handbook or other with a list of gross misconduct offences. The contract will allow for termination where misconduct occurs. A footballers contract will not be too much different from yours or mine but will be fixed term and there will, obviously, be rigid exclusivity clauses in (which will no doubt reference the FA rules and procedures).I'd presume Baxter was sacked for breach of the terms of his contract?
UTB
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