headscrewedon wrote:For gawd's sake, even if a DIM threatened to interpret the wording as meaning everyone in the office has to perform to the standard of the top 10% in that office, it wouldn't be difficult to put up a good argument.
All you need are 2 brain cells. (That immediately puts you at a distinct advantage). Then lead the DIM into a debate along lines something like this:
DIM: You are not performing at the same standard as the top 10% of postman in this office.
YOU: Fine. So sack me, then.
DIM: I might just do that.
YOU: Fine. But there are 100 people in this office. Which means, according to you, that there are 89 other individuals who are also not in the top 10%, performance-wise. Are you going to sack them too ?
DIM: Errrmmmm....
YOU: Well you're going to have to, I'm afraid.
DIM (his brain cell getting strained): Why would I do that ? This chat is about your performance, not theirs.
YOU: Well if their performance is equally below-par, and you don't sack them too, I am going to have your @rse on a skewer at an employment tribunal, for blatantly unfair dismissal. And when you lose that case, as you surely will, your career in RM will be down the toilet as you will have lost RM a lot of money fighting a ridiculously flawed case.
DIM (clutching at straws now): Hah, you won't get the union to back you. They signed up to these performance standards !
YOU: Listen, a no-win no-fee lawyer would make mincemeat of RM in these circumstances. 90 people not performing to standard and you sack just one of them ?
DIM: Errrmmmm....
YOU: Listen, can I go back to my frame now ? Much as I would like to stay and continue our battle of wits, it really would not be fair as you are clearly unarmed in that department, and you have 89 other people to chat to
Exactly.