I often speak to individuals who have, unexpectantly, faced a performance or capability procedure at work. The commencement of a performance or capability procedure against you will undoubtedly cause you stress and anguish. So, how should you respond if you disagree with your employers actions? Read on to learn more.
Step One: Don’t Panic About Your PIP
The important thing to remember is to try not to panic. Generally, being placed on a Performance Improvement Plan (“PIP”) does not mean dismissal will follow and even if it does, it really does not mean that such a dismissal is imminent.
If your employer approaches you on performance related concerns, you should first ask questions. For example;
- Why is my performance being called into question?
- Do you have any examples you can produce which evidences my low standard of work?
- How long have you felt my performance has not been at the required standard?
- Did you know there are mitigating factors which explain my recent performance?
Step Two: Consider the PIP targets
The next stage will likely be discussing the PIP.
To explain, your employer should create a document called a PIP. The PIP aims to set out clear objectives to help an employee reach a satisfactory level of performance.
When this is created, you are entitled to raise questions or concerns you may have on the PIP. For example;
- How are you going to measure the objectives so I know how to achieve them?
- How long will I have to meet this objective?
- What support are you going to give me to achieve the objective?
- I don’t think I can meet that objective because….
Your Options
It is important to remember you will also have options available to you. I have set these out below but not in any particular order.
1. Submit A Formal Grievance
You may feel the PIP is motivated for a reason not related to your performance. In those circumstances it is important that you communicate this and the best way to do so is by way of a Formal Grievance. I would anticipate the capability procedure should be placed on hold until your Formal Grievance has been independently investigated and addressed. More information on Formal Grievances is available here; How To Raise A Formal Grievance – LincsLaw Employment Law Solicitors
2. Engage With The PIP
As per Step One and Step Two above, you should engage fully with the PIP and ensure any concerns are raised formally. Ultimately, you will have to see how it goes. It may be that matters resolve themselves.
3. Negotiate An Exit
Your feelings toward your employer may have changed and you no longer envision working for them anymore. This is not an infrequent response.
In those circumstances, it may be possible to approach your employer on a without prejudice basis to see if you can negotiate an exit package. If agreed, you may be offered a Settlement Agreement. More information is available here; Settlement Agreement – LincsLaw Employment Law Solicitors Lincoln
Lincs Law Employment Solicitors Can Help You
If you believe you are being subject to an unfair capability procedure, please ring for a free, no obligation telephone consultation on 01522 440512, email us at ContactUs@lincslaw.com or use the contact information on this website; Contact Us – LincsLaw Employment Law Solicitors – Based in Lincoln
We want to help.
Lucy Stones
Associate Employment Solicitor
Lincs Law Employment Solicitors
Tags: bullying and harassment at work capability procedure lucy stones performance improvement plan PIP settlement agreement unfair dismissal without prejudice
