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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11439
Experience:  30 years experience as a solicitor.
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I have been asked to sign a Performance improvment plan

Customer Question

Hi, I have been asked to sign a Performance improvment plan which is a non appropriate step and not consistent with my 10 months job. What happen if I don't sign ? Does it postpone or make it more difficult any dismissal that they wish to do anyway? Thanks. Mirco

Ps. Please let me know by Monday 11 May at 12.00 as quite urgent

Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
Are you saying you've worked for this employer for only 10 months?
Customer: replied 2 years ago.

Yes, well 11 month with starting date on 9 june 2014. 3 months trial and appraisal last January were fine.

Expert:  JGM replied 2 years ago.
If you work for an employer for less than two years, they can dismiss you at any time for anything other than an equality issue (race, sex, health etc).
So if you think they might dismiss you for not signing the improvement plan, you have to be aware that they can do so and you would have no recourse to a Tribunal because you don't have two year's service and accordingly the Tribunal has no jurisdiction.
Essentially you have no rights.
JGM and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Not a good news. Even though the employer has been sending 3 performance improvement plans to 3 different people in 3 months. 2 of them have left already and the 3rd is myself. Is there any way that I can stress them by writing as they are clearly trying to fire more staff before the store close at the end of this year? This is a well know news as per bad results the store will close. Please let me know? Mirco

Expert:  JGM replied 2 years ago.
I don't see that that will help you to keep your job of that is what you want to do. The only way to do that is to toe the line and hope that they keep you for as long as possible.
Customer: replied 2 years ago.

Right, I appreciate this. Though is there any way that I can draft a letter to challenge the objectives they gave as it is not fully realistic or not target driven ? At least postponing the deadline of a dismissal ? Thanks

Expert:  JGM replied 2 years ago.
There is nothing to stop you doing so.
Customer: replied 2 years ago.

Thanks. It is a bit desappointing that you don't give more suggestions. Although I don't have lot of rights because I am less than 2 years contract (this I knew) there are some possible shades in answering back to my employer. I think it is pretty poor that you just answer me quickly that I can't do anything, sorry.

Expert:  JGM replied 2 years ago.
You clearly want to try to engage with your employer. For the reason given, that you have no employment rights and they can fire you at will, I don't recommend that you do anything other than what is required to keep your job. Now you might no agree with that advice but it is the correct advice and it is the advice that I am giving you.
By all means do as you wish and challenge them but that would not be a smart move in my opinion. I'm not giving you any suggestions because you don't have terribly many options here.
Customer: replied 2 years ago.

Hi

Thanks for your answer. Nothing personal but the answers you gave were not at the level of an expert. Anybody could have told me this. actually then discussed with 2 people and because the situation in this case is abusive there is a letter to write to at least negotiate. For this lack of options i think your service is a bit poor and not worth 32 pounds. Can I claim for a refund as I am not fully satisfied please? Best. Mirco