When you notice an employee’s behaviour or output isn’t meeting expectations, your first step should be to address it. While this might start with some casual ‘chats’, if the issue doesn’t go away, or gets worse, it’s best to begin a more formal process. This usually kicks off with a formal meeting, which you should indicate in a letter to your employee beforehand. The employee should always be offered the opportunity to bring a support person with them.
TIn your first meeting, be crystal clear about your exact concerns. Avoid vagueness and provide specific examples of where their performance is falling short. While you may be feeling frustrated at having to take this step and may think the issue(s) are obvious, it is really important to listen to the person’s feedback. There might be genuine barriers impacting their work, or perhaps issues outside of work that are affecting their performance. Understanding their perspective is key to finding a constructive solution.
If a Performance Improvement Plan (PIP) is the next step, remember it’s a collaborative tool, not a punishment. The PIP itself should start as a draft. Once you’ve outlined your expectations, present this draft to the employee for their feedback before it’s finalised and implemented. Their input can make the plan more achievable and ensure they have buy-in to the process.
The PIP needs to set clear, achievable goals over a defined period, typically around three months. Break it down into measurable steps, and make sure to schedule monthly check-ins to discuss their progress. These regular touchpoints show you’re invested in the employee’s success and provide ongoing support.
Beyond setting goals, actively consider what help you can offer. This might include additional training, mentoring, clearer instructions, or even adjusting their workload temporarily. Whatever support you can provide, make sure it’s explicitly written into the PIP.
Finally, it’s vital to clearly signpost the consequences if the goals outlined in the PIP are not met. This isn’t a threat, but a necessary part of a fair process, ensuring they understand the potential outcomes if improvements aren’t made.
If the employee has truly disengaged, the higher scrutiny of the PIP period may be an incentive for them to leave of their own accord. Conversely, the higher level of support can see a turnaround for some employees too. Either way, good communication and a fair process is critical. If the employee (rightly or wrongly) feels pushed out, there is a good chance your actions will be scrutinised by an advocate, lawyer or judge at some point.
Before you embark on a PIP, we highly recommend you talk to us to ensure your planned process is fit for purpose. Getting expert advice early can prevent small issues from becoming big problems.
How can we help?
WRMK Lawyers has Northland’s largest team of employment law specialists. We help our clients with all their employment processes. Please give one of us a call or contact your usual WRMK lawyer for advice.
Our thanks to David Grindle and Georgia Blockley for writing this article.
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