Posted By Peter Rees Can anyone comment on this from both an employee and employer viewpoint, and the rights of both? A colleague of mine, Mr X, has been working for a company, CO A, as H&S Manager for a total of 4 months. During his time with the new company he has had no indication as to poor performance, problems etc and considered that he was performing well - accidents etc were reducing, safety profile rising etc. However, last week, he was 'summonsed' to a performance review with his line manager and personnel manager. During this meeting the following points were discussed:- 1. His judgement was called into question ("not taking into account business needs when saying that the staff canteen ought not to open for night shift as canteen contractor had not carried out risk assessments/training and had a recent poor safety record - they wanted to open with one staff member preparing all hot food during the night shift"); 2. Allegedly he had been seen to be critical of senior management. (His opinion is that he has been, perhaps, critical of communication between departments, but not of specific management) 3. Was criticised for not being 'high-enough profile' on factory floor - even though he has a H&S department working for him. 4. Was called arrogant and was seen as a "Know-it-all". Because of these points he was told that he was to be put onto a 1 month review for the next 3 months (ie 3 reviews), and told that if his performance does not improve then there may be a termination of contract. Having checked his contract there is nothing in it about an initial review, other than a salary review after 3 months. Is there any way that the company can sack him. My opinion would be that this would be unfair dismissal, as you surely can't be dismissed for not getting along with everyone within your company. Has anyone any thoughts as I would not want to advise my colleague incorrectly?

Posted By JOD As with the previous respondent I am not fully conversant with Employment Law, but in your initial letter you say that your colleague had not been spoken for his first four months of employment. Is it not the case that if they had not given him any kind of bedding in time then he would have had cause for complaint. I obviously don't know the full story but on the other side of the coin how many times have management been accused of allowing 'duds' to continue in their post without taking any effective action. It appears in this case, for whatever reason management are certainly covering their backs by now speaking to him formally .and initaiting this review structure.

Posted By Nigel Woods Go to the Citizens Advice Bureau immediately and take all relevant information including job description, conditions of service,copies of any correspondence etc. I am on the Management Committee of my local branch and the local branch should have all the expertise which is required or can get it.