Can I refuse to go on a PIP if I don’t agree with it?

[Gamecha]

Do I have any rights? I feel like this has come out of the blue and absolutely do not feel it is justified. Can I do anything?

I'm not sure what you want to object to? 'Going on a PIP' is just jargon for saying they want you to meet certain increased targets by a certain time because what you're currently doing isn't in their view good enough, either qualitatively or quantitively. What do you disagree with? That you're meeting those targets already, or that the targets are unachievable (as in no one else can do it either) or unfair (as in only you are being asked to meet them) or a represent a major change to your usual role (a big increase in expectations after a history of lower performance being acceptable)?

Why do you think they would offer you a settlement, there's nothing to settle?
Sounds like you should look for a new job asap.

What grounds do you have for a settlement? You could ask for the process to be cancelled if you resign, but that’s probably as good as it will get. I think your best bet is to job hunt hard and find somewhere better.

Again not something most people do for fun. Not all people, most people.

We can’t know the OP’s situation, but I have worked in a organisation for ten years and come across some horrendous situations when it comes to certain individuals. Including a person who said about someone new “I’m going to make them cry everyday until they leave”. Multiple people left because of that person and then of course that person didn’t get a promotion and left themselves.

So please let’s not keep saying no one would put someone on a PIP for anything other tnan
legitimate reasons, that isn’t true.

If they are putting you on a PIP why would they give you a settlement?

How long were you off sick for? It just might explain a few things (not that I think that is right btw!)

A settlement for what? You do understand this is not optional?

A PIP is just a paper trail that companies use to protect themselves from claims of unfair dismissal. They want you out for whatever reason and will find a way to fire you eventually, I would refuse it and give my notice. HR are there to protect the company and will back your employer.

Are you in a small or large company btw? How long have you been there? This isn’t public sector is it?

He definitely wants you to leave, he is just going through the correct procedure to avoid any comeback.

Start looking for another job now.

I'd agree to the changes for now, while looking for something else.

Your self-esteem will be crushed by fighting it.

OP while I obviously can't judge 'who is right' here and it may not be black and white, I'm surprised at how many people on this thread just assume that there must be something wrong with your performance. Which is probably adding to your stress.

As some posters have said, processes can be and are abused and there is no shortage of partisan and bullying managers out there. By what you describe, you may have run into one of those.

If so, then finding a new job is probably the only viable solution, but you still have to decide how you interact with this process in the meantime. Do whatever will cause you the least stress overall (which, if you hate being resentful, may mean objecting. Depends on you). Best of luck.

Tbh, once you’re on a PIP, it is generally cos they want you out. I’d be looking elsewhere.

Manager and HR-types who are familiar with PIPs, how common is it the employees who are (unfairly) put on PIPs paid to leave instead?

Is there any way OP can legitimately put herself in the best position for a settlement?

She mentioned she was off sick and a single parent. She also mentioned no performance issues were raised in her previous appraisals.

There is most likely nothing different about your work, he has made a decision to change things.

How long are you working there? You could suggest redundancy pay, if its an option, it is worth a try.

But the role isn't redundant.

In 20 years of working in HR I've only seen this once, as the employee had mh issues and was in a senior post causing reputational damage, it would have taken too long to implement the occ health recommendations/ cause too much damage.

Usually the employee jumps before they are pushed in my experience. Get looking!

I just mentioned a settlement agreement becuase in my experience of a person who went through several steps of the PIP, it was clear they were not going to improve, HR offered a sum of money to leave confidentially with a neutral reference. This is sometimes preferable to going all the way through the timeconsuming formal process.
There is no guarantee the OP's company or any would offer this though, I acknowledge.

I’m not assuming anything is wrong with the OPs performance. I’ve had first hand experience of grievance processes from both sides and can confidently say it makes no difference. If they want you out, then bar abject stupidity or gross discrimination then that’s what they will get. I’m sorry, it may be cynical but being in the right is no guarantee of a successful outcome here.

They’re inviting you to improve your performance. Refusal to engage that will absolutely prove their point.

Actual advice - they don’t have to provide you with a PIP. If they’re offering and you refuse that in itself becomes a potential issue. What I said above - you’re basically proving their point.

Sign up with a union. Gather paperwork like this: your review, reply to emails, thanks for work done.
D
Has ypur manager ever criticise any of your work?
Then send it to HR or request HR to be present for the PIP and raise the lack of corrections in the past. Your Union will be the best advisor on how to proceed.
You can raise a complaint against your manager if you think the issue is that you were off sick and there is any evidence. Again, a Union is the best place to ask.

Everywhere I’ve worked a PIP is the first step towards being let go.

Get your CV in order and start looking for another role.

You cannot join a union and then immediately engage with them. Otherwise we would all be doing this!

I haven't ever offered a settlement agreement to anyone and I genuinely wouldn't ever put someone on a PIP unfairly - I don't even know what people mean when they talk about someone's face "not fitting" tbh. If they can do the job well and collaborate effectively with others, I really don't care about their personality etc. We aren't at work to make friends.

I would only ever go down the PIP route if there were genuine issues that needed to be improved. It's way too much hassle otherwise. A PIP doesn't necessarily mean I want someone out...if they actually improve, then I'm more than happy for them to stay. I start the process wanting it to succeed and wanting to support. But if the employee gets all arsey about the PIP and goes into battle mode, then my own attitude will change and I'll just want them gone. Life is too short to tolerate that kind of negativity.

I'm confident that the processes that I follow are fair and reasonable, and that, if anything, I give people too many chances to turn things around, so why would I offer a settlement? Yeah, it would probably save me some work/aggro, but I don't actually like the idea of rewarding someone for being bad at their job and refusing to try to improve. And I absolutely wouldn't settle if they started trying to deflect from their own poor performance by turning it around and accusing me of bullying. If they wanted to test out their allegations in a tribunal, I would say "bring it on".

The only time I might pay someone to go away would be if they were generally cooperative, willing to try and improve but unable to for some reason. I would feel sorry for them in that situation, and I would want to try and help.

It is never personal for me until someone decides to make it personal. I am as kind as I possibly can be while still doing my job, and I bend over backwards to support people to get their acts together. But if they decide to make it adversarial, then the gloves are off and I will get rid.

I wouldn't recommend refusing to go on a PIP but I have done it once. However I could fully evidence that I had been subjected to sex discrimination (back from maternity leave and basically had no job up return to and was only given 2 pieces of work in 6 months despite begging for more). My complaint was serious enough to warrant a HR business partner travelling 160 miles the following day to deal with it. I never got pulled up as HR were horrified by my then managers behaviour (I later found out most of the staff were)

If you don’t agree with the PIP, then you should have no problem with hitting the targets of the pip. Hit the targets and the pip is behind you.

do you agree with the targets that are being set are reasonable and achievable?