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Question if you work in HR or Employment Law

18 replies

Rotunda · 21/12/2024 19:43

Exactly this question really. If you work in HR or Employment Law, then what would you do if your employer put you on a PIP without any prior indication they had been unhappy with your performance? How would you respond - work through it or get out fast?
(Business isn't meeting sales targets, but that isn't within your power or job to fix it. They've been letting people go too).

OP posts:
applestewing · 21/12/2024 20:38

I would speak to acas

are the objectives on your pip achievable and realistic?

but personally I’d be looking for something else, sounds like a toxic company to work for

Rotunda · 21/12/2024 21:16

Objectives really are unrealistic and the measureables are very woolley and extremely subjective. Issues mentioned are broad sweeping statements but no specific dates or events or details, it's difficult to know what really happened, particularly as it seems to relate to something quite some time ago, but Manager just seems to have accepted a 3rd hand report without investigating or allowing me the opportunity to know or respond.

Reviews, bonuses and pay reviews have always been positive.

I have always asked my line manager if there were any issues but only ever had some minors mentioned, just general housekeeping type tasks which are widely accepted as low priority across the business and our industry but suddenly they are a core part of the PIP along with an unspecified historic issue reported 3rd hand, which I can't identify.

OP posts:
RosesAndHellebores · 21/12/2024 21:19

How much service do you have?

Interested in this thread?

Then you might like threads about this subject:

Rotunda · 21/12/2024 21:19

5+ years service

OP posts:
RosesAndHellebores · 21/12/2024 21:42

It sounds tricky and that they are looking at ways to reduce headcount.

Could you request a protected conversation where yiu could suggest that it is clear they would like to exit you so why not make it easy on both sides. A gesture of goodwill equivalent to the period a PIP would take (two to three months in my sector), your notice pay and an agreed reference. Might also be worth requesting £500/£750 towards outplacement services.

Your negotiating points are that it will save them management time, and the pension contributions on your PILON.

Rotunda · 21/12/2024 21:58

I do think it's probably for the best, certainly for my own health. It really is a terrible culture with long hours, leave cancelled and management bullying. I have a hidden disability but didn't feel comfortable declaring it simply out of fear of how they might react. My worry is that this could cause significant harm to my career and the industry has slowed down recruitment numbers, so it might make it tricky to find another job at a similar level within that timeframe. Beggars can't be choosers, I know.

Thank you for being so kind, for the space to sound off and your pragmatic approach, it was what I needed to clarify things

OP posts:
Passmeaplacard · 21/12/2024 22:12

I would view it as the writing is on the wall and would buy myself some time I.e. submit a grievance or get signed off sick. However they may back off if you reveal your disability, not that you should have to.
Sometimes a PIP can be positive as it gives both parties clarity but it doesn’t sound that way here so time to play the game and figure out your next move

weirdoboelady · 21/12/2024 22:18

RosesAndHellebores · 21/12/2024 21:42

It sounds tricky and that they are looking at ways to reduce headcount.

Could you request a protected conversation where yiu could suggest that it is clear they would like to exit you so why not make it easy on both sides. A gesture of goodwill equivalent to the period a PIP would take (two to three months in my sector), your notice pay and an agreed reference. Might also be worth requesting £500/£750 towards outplacement services.

Your negotiating points are that it will save them management time, and the pension contributions on your PILON.

This is virtually identical to what I would have suggested. (Not an HR person but a retired CEO with responsibility for this sort of stuff). Protected conversation is important (make sure there is a shared understanding of the confidentiality) - and involve your union if you are sensible enough to have one.

Rotunda · 21/12/2024 23:03

weirdoboelady · 21/12/2024 22:18

This is virtually identical to what I would have suggested. (Not an HR person but a retired CEO with responsibility for this sort of stuff). Protected conversation is important (make sure there is a shared understanding of the confidentiality) - and involve your union if you are sensible enough to have one.

No union membership unfortunately. I think I might be able to fund a first session with a Solicitor if I can find one that hasn't closed for Christmas - the timing of all this is terrible, I haven't a chance of getting to a Solicitor before the company insist I sign the PIP.

OP posts:
Rotunda · 21/12/2024 23:04

weirdoboelady · 21/12/2024 22:18

This is virtually identical to what I would have suggested. (Not an HR person but a retired CEO with responsibility for this sort of stuff). Protected conversation is important (make sure there is a shared understanding of the confidentiality) - and involve your union if you are sensible enough to have one.

Would a Union support me in this if I did join one now?

OP posts:
twinklingturtle · 22/12/2024 12:22

As others have said I suspect this is a manoeuvre to eventually exit you,

If you do not already have it secure a copy of your companies disciplinary process, write to your boss outlining their failure to follow this process, include all the information you have on your performance feedback and previous years ratings. If your company does not have a published policy then the information published on the ACAS website is the minimum they should follow, Also check the grievance process and if your manager does not agree to follow process raise a grievance. Again, if they do not have a published policy use the ACAS information.

At this stage, I suspect your best outcome is to secure a better negotiating position for an eventual settlement agreement.

Rotunda · 22/12/2024 18:49

I really do appreciate all your support and advice, thank you

It's just so hard to swallow. I'm certain that I hadn't failed in anything other than just balancing a workload which my manager acknowledged several times that we were severely short staffed and I should focus on customers before the usual housekeeping type tasks, yet that's exactly what he's using against me plus a customer complaint from almost a year ago when I didn't know the answer to a question that would usually be expected of a senior technical expert. It's clear the company is struggling and has been laying people off through a few different methods, others on PIP or fired, but they're still avoiding paying redundancy packages. I just don't see the advantage to them of dragging out a PIP, it doesn't make financial sense. I'm terrified now of the potential harm this will have on my career, with this any future role is likely to mean a very large reduction in salary, which I really cannot afford.

How do you recover your career and income after a PIP?

OP posts:
Doggymummar · 22/12/2024 18:53

Noone but you will know about the PIP. You don't need to mention it to anyone.

WeeOrcadian · 22/12/2024 18:54

By any chance, is this a call centre?

Rotunda · 22/12/2024 19:07

Doggymummar · 22/12/2024 18:53

Noone but you will know about the PIP. You don't need to mention it to anyone.

I heard that any PIP would be declared in response to a reference request

OP posts:
RosesAndHellebores · 22/12/2024 22:05

@Rotunda that's why a protected conversation is helpful to effect an agreed exit, with an agreed reference.

Doggymummar · 22/12/2024 22:34

Rotunda · 22/12/2024 19:07

I heard that any PIP would be declared in response to a reference request

Not anywhere I have ever worked. We just give references that confirm dates and job title

weirdoboelady · 22/12/2024 23:54

Rotunda · 21/12/2024 23:04

Would a Union support me in this if I did join one now?

No, they would be unlikely to support YOU in an individual, pre-existing case. In the unlikely event that you have the energy and will to organise your colleagues into joining a union, the union might well take on the more strategic issue of how your employers are behaving, which by the sound of things sounds as if they are doing shady things to try to avoid paying redundancies.

On the issue of your fears about never getting another job, people knowing about a PIP, etc, this is why you approach your employers for a protected conversation and offer them the cheaper option of paying you off to go quietly WITH AN AGREED REFERENCE. (Side note - make sure the payment includes any holiday you are due, and if relevant maximises the amount of paid holiday you can take by falling into the new year.)

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