If your employer believes you are under-performing at work, you may be subject to a Performance Procedure or Performance Improvement Plan (PIP). If you are in this situation, try not to panic. We are specialist employment solicitors, and we are here to help. Please read on to find out more.
If you have been notified that you are under-performing at work, it is important you have sufficient information about your alleged capability issues to ensure you are able to prepare and engage in the process fully.
Here at Lincs Law Employment Solicitors, we have a combined 80 years’ experience advising clients who are facing capability procedures. As such, below we have compiled a list of questions to ask your employer before any Performance Improvement Plan. These are as follows:
- What is the procedure?
- Who will be overseeing the Performance Improvement Plan?
- How am I underperforming?
- How will my performance be assessed?
- What are the possible outcomes of the Performance Improvement Plan?
We always hope the information on our website is helpful, but we are aware that the best assistance is to discuss your situation with a fully qualified employment solicitor. If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
1. What Is The Procedure?
We understand that employees worried about facing a Performance Improvement Plan (PIP) and potentially losing their jobs often find the whole process very difficult. As a result, unsurprisingly, employees often overlook a very obvious point – making sure their employer follows a fair procedure!
To explain, your employer should follow their own capability procedure (if they have one). This can usually be found in your Contract of Employment or Employee Handbook. If you do not have a copy of your employer’s procedure ahead of any Performance Improvement Plan, it is very important you ask for a copy. This will allow you to check your employer has been (and indeed is) following their own policy.
In any event, your employer should adhere to the principles of the ACAS Code on Disciplinary and Grievances Procedures. This is the minimum standard expected of employers. As an overview, they should:
- Investigate the problem promptly (for example, by reviewing your targets, completed work etc) and have previously made you aware of the problem.
- Provide you with the opportunity to improve and, if necessary, provide the required support and training.
- Provide clear timelines/targets and review your progress regularly.
- If your performance does not improve, invite you to a Formal Meeting. Prior to this meeting, you should be provided with sufficient information about your alleged poor performance, and have time to prepare your case. You should also be informed about the possible consequences of the meeting (such as, dismissal) and your right to be accompanied.
- Consider your representations and the available evidence and confirm their decision in writing.
- Provide you with an opportunity to appeal any outcome.
2. Who Will Be Overseeing the Performance Improvement Plan?
It is also very important you understand who will be responsible for overseeing the Performance Improvement Plan (PIP), providing the relevant support and making decisions about your capability. Usually, this will be your Line Manager or another manager.
If you have not been provided with details of their identity, we would advise you request this information as soon as possible. This is important so you have a chance to raise your concerns/object to that person being involved, if necessary. If you do not agree with a certain person being involved in the process, you should raise this with your employer as soon as possible, ideally in writing. You should clearly explain why you do not consider their involvement is appropriate and, if possible, suggest other more suitable individuals.
3. How Am I Underperforming?
Here at Lincs Law Employment Solicitors, all too often we advise clients who have been told they are facing a Performance Improvement Plan (PIP) with only vague references to how they are allegedly underperforming.
If you are genuinely failing to meet the requirements of your job description, your employer should be able to tell you how and why. Therefore, we would advise you obtain a copy of your job description and ask your employer for specific examples of how you are not meeting their expected standards. If you disagree with the examples provided, raise this with your employer as soon as possible and, if possible, provide evidence to support your position.
4. How Will My Performance Be Assessed?
As noted above, if you are placed on a Performance Improvement Plan, your employer should provide clear timelines and targets moving forward. Your performance should then be reviewed regularly. As such, before any Performance Improvement Plan, it is very important you understand how your performance will be assessed. Will you have to close a certain number of sales in a specified period? Will you have to generate a certain amount of profit? Will you be expected to answer a certain number of incoming calls per day?
Your targets will, of course, depend on your personal circumstances and your employer’s business. However, importantly, you should be provided with clear information about what will be expected of you. If this is not provided, ask your employer and make them be specific.
If you do not consider the proposed targets are reasonable, you should raise this with your employer straightaway. Ideally, this should be done in writing to protect your position in the event of future litigation.
Importantly, a Performance Improvement Plan (PIP) does not have to be a negative process. The purpose should be to help you get back on track if there have been issues with your performance. Your employer should therefore offer any support or training to assist you throughout. If you do require any further training/support from your employer or any changes to your working practices, make sure you ask for the same. You should clearly detail what you require and why it would be beneficial for you. For example, do you require better equipment? Do you require training on new software? Would you benefit from 1:1 assistance from a colleague?
5. What Are The Possible Outcomes of The Performance Improvement Plan?
Finally, it is important you know how any Performance Improvement Plan (PIP) could end. If your employer has not explained this as part of their procedure (as above), make sure you ask them for this information.
Ultimately, if your performance does improve there may be no need for any sanction or further action. However, if your performance is found to have not improved as required, this may trigger a dismissal process. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/can-you-claim-unfair-dismissal-if-you-have-been-sacked-for-under-performing/
Given the above, it is important you are aware what the possible outcomes could be from the outset.
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we understand being placed on (or threatened with) a Performance Improvement Plan can be a very worrying and upsetting time. If you are in this situation, please do not panic. We are specialist employment solicitors, and we are here to help.
If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code on disciplinaries and grievances Capability hearing capability procedure employment solicitor Failing a PIP at Work Kate Key lincs law employment solicitors performance improvement plan performance improvement plan at work PIP poor performance