Being managed out of your job
This information applies to England and Wales.
Employers sometimes try to make employees leave or find another way to get rid of them. This is sometimes called being ‘managed out’.
As a disabled employee, you are entitled to support from your employer so that you can do your job. Your boss should consider this when discussing your performance. If they do not, this could be discrimination.
Skip to
- What to look for
- Probation period
- If your manager says there’s a problem
- Your employer’s policies
- Keep your options open
- Talking about your condition, your rights and reasonable adjustments
- Preparing to talk to your employer about reasonable adjustments
- Discrimination
- Challenging decisions
- Getting legal advice
- If you want to leave
What to look for
Take some time to think about:
- if you’ve done the work you’re expected to do
- if your boss knows about how being disabled might affect the way you work
- if you have been treated unfairly
- if there are other reasons why things have changed such as your employer is cutting jobs
Signs that your manager wants you to leave could include:
- regular criticism
- no invitations to meetings or events
- exclusion from decisions that affect you
- lack of support, such as having requests for reasonable adjustments denied or delayed
- increasing workloads
- more monitoring, such as a performance improvement plan
Talk with someone independent. This should be someone who will not always take your side. If other people are also affected, then it’s less likely that your employer is targeting you. Though less likely to be discrimination, it could still be bad employment practice.
Bullying, harassment, discrimination and constructive dismissal are illegal. If you think any of these have happened to you, get legal advice.
Probation period
Having your probation period extended or renewed does not always mean you’re being managed out. Your employer could believe that you can do your job, but that you need extra time to prove yourself.
If your manager says there’s a problem
You may have a formal meeting with your manager, or they might try to talk with you in a more informal way.
Your manager might talk about your:
- capacity
- performance
- attendance
They might also talk about your probation period, disciplinary procedures or dismissal.
Your manager should give examples to back up their points. It could be discrimination if:
- your manager cannot give any examples that are true
- your manager does not consider the barriers you might face as a disabled employee
- your manager sets you unrealistic targets
If you are talking with your employer, ask: “What outcome do you want from this conversation?” The answer could help you. If it does not make sense or seem fair, email your boss your questions and anything else that you're worried about.
Your employer’s policies
If your employer is talking to you about anything that could lead to your dismissal, they should be able to say which policy they are following.
Ask to see the policy. This will help you to work out what your employer should be doing and what you might need to do.
Some smaller employers may not have policies. Your employer should give you feedback, provide evidence and give you a chance to improve.
Keep your options open
Listen to what your employer says to you. Are there things you can do to improve the situation? If not, email to explain why you disagree. Things to consider include:
- Have they asked you to take on extra work?
- Have other team members been off sick?
Show that you want to do your job
Trying to find a solution that works for you and your employer will give you the best chance of keeping your job.
Keep evidence
Keep hard copies of emails and make notes of any meetings in case you need them later.
Warning Supporting your mental health
If problems at work mean you need support with your mental health, ask when you can.
Looking after your mental health and wellbeing is important. Everyone manages their mental health differently.
There are many things you can try.
Talking about your condition, your rights and reasonable adjustments
If your employer knows that you’re disabled, they should make reasonable adjustments. There is no set definition of what is ‘reasonable’. It depends on the employee, the job and the employer. This can include doing different duties as well as flexible and part-time working.
Flexible and part-time working
Employers must consider your request for adjustments and respond in a reasonable time. If you are at risk because they do not, this could be discrimination.
In some organisations, for example, being off sick for a certain number of days can lead to a disciplinary. If you were off sick because you’re disabled, changing how the sick leave policy applies to you could be a reasonable adjustment.
Preparing to talk to your employer about reasonable adjustments
Start by asking for advice from your doctor or another professional, such as an occupational therapist or IT specialist. Think about what adjustments could work for both you and the business. If you are not sure what you need, you can ask for an assessment. Access to Work can pay for adjustments and assessments.
When you’re ready, talk with HR and be as open as you feel you can be.
Discrimination
If parts of your job are more difficult for you because of your impairment, your manager must consider adjustments if they know you are disabled. If they just treat it as a ‘capacity’ or ‘performance’ issue, this could be discrimination.
Challenging decisions
If you feel that you are being treated unfairly because of your condition or impairment, get legal advice and raise this with your manager. You can start with a conversation and follow up with an email to make sure you have a record.
You can challenge decisions by:
- making a formal complaint or raising a grievance (useful if your employer is not following their own policies)
- sending an email to your manager describing the things that your employer has done that could be discrimination
- telling your employer if your treatment at work could lead to an unfair dismissal or disability discrimination claim
Employment tribunals are usually a last resort to get financial compensation. You have 3 months minus a day from when the event happened to apply to the tribunal. You do not have to pay fees to bring a claim.
If you’ve been working for the same employer for more than 2 years, you may also be able to challenge an ‘unfair dismissal’.
Getting legal advice
Your union can give you advice or try Acas.
If you want to leave
Managing risk can be hard when you’re stressed. If you’re thinking about leaving, ask yourself:
- How bad are things between you and your employer?
- Can you move to a different department?
- If you get reasonable adjustments, would you want to stay? If not, negotiating a deal as part of leaving may be best.
- How easy is it for you to get another job?
- Does your contract say that you are in a probation period? This might mean that different rules apply to you.
Resigning can make you feel in more control of a stressful situation. But before you resign, think about:
- anything else you could try
- what kind of reference your employer provides (if they just give employment dates then it might not mention a disciplinary process)
- how much notice you need to give and how much pay you will get if you resign (compared to being dismissed)
Making a settlement agreement with your employer (Citizens Advice)
Last reviewed by Scope on: 22/05/2023
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