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Capability/Performance Improvement

D

Hi Community

I'm seeking thoughts on a capability process involving a senior employee with approximately 4-6 years' service.

We have identified a number of significant performance concerns (more of which have happened in recent times) which have culminated in a proposal to implement a formal Performance Improvement Plan. Some concerns have been discussed over time through performance reviews although do not point to recent issues, 1:1 meetings, management discussions, leadership feedback, executive coaching. However, I acknowledge that not every discussion was formally documented and I'm unsure how thorough feedback has been given in the past from their manager. Following the capability meeting, they stated that some of the issues included in the proposed PIP document had not previously been raised or documented and/or some are for expectations for them in their role moving forward - which they dont seem is fair or correct for a PIP.

The employee accepts two of the concerns raised but disputes others on the basis that they were not previously documented or formally raised, even though the manager explains the concerns are now major and detrimental to the business's success. 

The employee would like rather than a PIP , They are given expectations, if that is not met then they are given a verbal warning, then written warning. He says a PIP is usually the last resort so was questioning if the correct process is being followed, Company policy says the first warning, written warning would follow after a PIP. 

They are questioning the legality of the process - this is a genuine attempt for improvement and although they are feeling undervalued currently we want to do the best to remove the "stigma" thinking around the PIP - boot out route.

Parents

  • Firstly, well done for pausing and thinking this through properly rather than just pushing the process forward — that already puts you in a better position than most.
    Right, let me be straight with you on a few things.
    The documentation gap is your biggest problem here. If this ends up at tribunal, the first thing any judge is going to ask is — where's the evidence these concerns were raised? You've acknowledged yourself that not everything was documented and you're not sure how thorough the feedback actually was. That's a gap you need to take seriously before you go any further with this.
    On what the employee is disputing — honestly, they have a point worth listening to. If some of those concerns in the PIP were never actually raised with them before, formally or informally, then dropping them into a PIP document for the first time isn't fair process. A PIP should be about addressing things they already knew were a problem — not introducing new ones. Have a proper look at that document and be honest with yourself about which concerns have a paper trail and which ones don't.
    On the process order question — the employee's view that a PIP should come last isn't actually how employment law works, there's no legal rule on sequencing. But — and this is important — your own company policy is what binds you. If your policy says PIP first then warnings, that's the process you have to follow, and you have to follow it consistently for everyone. Any inconsistency there creates real unfair dismissal risk.
    On removing the stigma — you're absolutely right to want to do that and it's very achievable. But it starts with the document itself. Are the targets clear? Are they measurable? Are they actually achievable in the timeframe? Vague targets won't help the employee improve and they won't hold up if this goes further.
    My honest advice? Don't issue the PIP just yet. Sit down with the employee again, have an open conversation, and revisit the document together. Be transparent about what's historically evidenced and what's a forward-looking expectation — and label it clearly. And given they're already questioning the legality, get some employment law advice now rather than after the fact.
    You clearly want this to work. Make sure the process gives it the best chance.

Reply

  • Firstly, well done for pausing and thinking this through properly rather than just pushing the process forward — that already puts you in a better position than most.
    Right, let me be straight with you on a few things.
    The documentation gap is your biggest problem here. If this ends up at tribunal, the first thing any judge is going to ask is — where's the evidence these concerns were raised? You've acknowledged yourself that not everything was documented and you're not sure how thorough the feedback actually was. That's a gap you need to take seriously before you go any further with this.
    On what the employee is disputing — honestly, they have a point worth listening to. If some of those concerns in the PIP were never actually raised with them before, formally or informally, then dropping them into a PIP document for the first time isn't fair process. A PIP should be about addressing things they already knew were a problem — not introducing new ones. Have a proper look at that document and be honest with yourself about which concerns have a paper trail and which ones don't.
    On the process order question — the employee's view that a PIP should come last isn't actually how employment law works, there's no legal rule on sequencing. But — and this is important — your own company policy is what binds you. If your policy says PIP first then warnings, that's the process you have to follow, and you have to follow it consistently for everyone. Any inconsistency there creates real unfair dismissal risk.
    On removing the stigma — you're absolutely right to want to do that and it's very achievable. But it starts with the document itself. Are the targets clear? Are they measurable? Are they actually achievable in the timeframe? Vague targets won't help the employee improve and they won't hold up if this goes further.
    My honest advice? Don't issue the PIP just yet. Sit down with the employee again, have an open conversation, and revisit the document together. Be transparent about what's historically evidenced and what's a forward-looking expectation — and label it clearly. And given they're already questioning the legality, get some employment law advice now rather than after the fact.
    You clearly want this to work. Make sure the process gives it the best chance.

Children
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