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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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hello I was put on performance improvement plan. I believe

Resolved Question:

hello
I was put on performance improvement plan. I believe the process is unfair. My performance review 4 months ago was very good and I received a pay increase. My relationship with my manager was always very challenging and difficult and I therefore asked whether someone else is the team could manage me instead. I was told that this is not possible and two months after that I was told I am underperforming. I have been with the company for less than two years (1 year and 5 months). I was initially put on an informall plan which I was told I filed, although I was not explained why. Now I am on a formal process and although I have been working hard I dont believe my emplyer has good intentions.
I therefore wonder what are my options and best way forward. Should I wait until the PIP is over and see what happens? Or should I start negotiating an exit now? I am looking forward to hearing from you. Best wishes Marta
Submitted: 2 years ago.
Category: Employment Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi, thanks for your question. My name is***** can assist with this.

Customer:

thank you Tony

tdlawyer :

Why do you feel the employer is trying to make things difficult for you? As you say, you don't have 2 years and hence you don't have protection from unfair dismissal (typically speaking), so if they wanted to dismiss you they could do that on the face ot it without any reason.

tdlawyer :

They wouldn't have to put you on performance management to avoid an unfair dismissal claim.

Customer:

well I was put on informa l process. I have asked for feedback and was never given it during the process. I then received some feedback that was not constructive and basically my manager siad I said something which I never said. There were lots of comments that were not true or dishonest. Also they never told me why i did not pass the first process although I have asked many times now

Customer:

so are you saying they they could simply terminate my contract?

tdlawyer :

Well, yes, that's right. As you have not been there for 2 years, they can dismiss you for any reason (almost!) and they cannot be held liable for unfair dismisal. They would have to give you contractual notice though.

Customer:

Also I was given a trask to complete that is supposed to be on my level. However I have realised that my manager has never completed this task before. She can't therefore give me any guidance or direction and also I wonder how is she going to decide whether or not I have complted this task successfully.

Customer:

I read a lot about PIPs and it seems that most people fail them. is this true in your experience?

tdlawyer :

It's impossible to say about PIP statistics etc., there are no records on this kind of thing and I wouldn't just say anything for fear of misleading you.

Customer:

my partner is convienced that what I am going through is akeen to bulying, i take that any claim I make in respect of bullying is independent on the lenght of the service?

tdlawyer :

Yes, you could complain about harassment. You could raise a formal grievance and have this looked at properly.

tdlawyer :

But, WHY they're bullying is very important. Do you have a reason?

Customer:

Cool i dont feel I can work there fo much longer as it impacts on my mental health. Do you think given I havent been there for 2 years, the employer will be open to negotiation and slettlement agreement? if so how much do you think I might be able to ask for?

tdlawyer :

You need to answer my question: WHY do you feel they're bullying you?

Customer:

Well it is obvious i was put on this process shortly after I have asked the head of the department to change my manager. He then did not even bother to have a 1:1 conversation with me. Also the reason cited by my manager for my allegate underperformance are both unreasonable or bogus (e.g. I have missed someone off when sending an email). Also as I mentioned there were lots of lies and dishonestly in the feedback i have received.

tdlawyer :

Okay. Then I think you might be able to claim for harassment but I doubt, if I am entirely honest with you, that it will get very far.

tdlawyer :

You can try and negotiate an exit, which might be a sensible thing if you feel your future is not there, but there are no guarantees you'll get anything more than you're entitled to, which as I mentioned, would be your notice period.

Customer:

ok so what is my best option? is there anything I can do?

Customer:

should I then wait until the pip is over or should i start negoiating now?

tdlawyer :

There is no right or wrong - it depends on the people involved.

Customer:

I asked what will happn if I dont pass the pip but they told me they dont know

tdlawyer :

If you feel comfortable talking now, then arguably, the sooner the better and it avoids an outcome on the PIP.

Customer:

what's could be the outcome?

Customer:

i.e what could happen if i fail?

Customer:

should i get a lawer to help me negotiate?

Customer:

can i claim benefits?

Customer:

if i handle my resignation?

Customer:

hand in

tdlawyer :

If you fail, worst case is you're dismissed, with an entitlement to notice.

tdlawyer :

You could claim benefits as you're not intentionally out of work.

Customer:

just to confirm if i now negotiate an exit i can still claim benefits? or only if I am dismissed?

tdlawyer :

You can claim only if dismissed ... if you resign, then you'll have a bar on your claimaing for some time.

Customer:

thanks

tdlawyer :

You're welcome. Does this answer your question today?

Customer:

i understand that they can terminate my contract anytime however they put me on a process which they claim I can get out of by improving on some delelopment points hwich I consider bogus but I am working hard non teh less as to not give them an excuse of teh evaluation day. If they process is in fact a sham which increasingly looks like it might be then this clearly misleading, cruel and suerly illegal?

tdlawyer :

It's cruel etc., but it's not illegal. It would only be unlawful if it resulted in dismissal after 2 years of employment. The law changed on this some time ago - so you need 2 years employment now before you can do anything.

Customer:

it sounds like I am without any options?

tdlawyer :

You've not go great options, that's true. But you can try and negotiate - like I said, they didn't have to do this, so they could have just dismissed you. They didn't sack you and they could have. So, maybe you could change the outcome.

Customer:

part of me whats to go though the process because i have nothing to hide and i know that on objective meaures i should be able to get through it. but from your advice it sounds like there is not much point in working hard or even turing up to wokr if I am doomed to fail, as you can imagine this is not a very healthy environment for me. any thoughts?

tdlawyer :

Yes. My thoughts are: work hard and try not to fail.

tdlawyer :

They could have sacked you. They didn't. They sound like they want to give you a chance.

Customer:

it is probably right for the rest of the institution but the real problem is my manager who i can promise you is not very useful employee and dislkes me - even more so since i have asked for a change of manager. does this change your view?

tdlawyer :

No, it doesn't. You've nothing to lose if you're right,. but eveything to gain if I'm right.

tdlawyer :

And .... if they do dismiss you once you've done your best, ***** ***** you can sleep properly at night knowing that you did everything you could.

Customer:

great thank you for your help today!

Customer:

have a nice evening

tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience in employment related issues.
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