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 being 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:
- 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.
Should you sign a PIP that you do not agree with?
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.
