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Performance Plan- Is this fair?

20 replies

Cheekysmile22 · 28/11/2021 00:39

I've been an NHS employee in a non clinical role (It related) for the last fifteen years with five years at my current trust working my way through the bands on merit.

I've been asked informally to go on a Performance Improvement Plan I wasn't warned that one of these was coming my way and in fact the meeting with my manager was titled "work catch up" so was a little surprised to say the least.

Looking through my "areas of improvement" I can see very clearly that several of my work colleagues in the same role and grade also haven't met all the area requirements, but for some reason they haven't been subjected to the same treatment.

If I'm honest this seems extremely unfair and feel that I'm for some reason being targeted. I'm happy to address issues as part of a general discussion within a personal appraisal, but this seems highly structured for instance I have to feed back each week, spreadsheet updates and all.

There is something strange going on. A friend of mine who was my Business Analyst on the same grade was offered Gardening Leave after submitting a grievance prior to the offer of G.L. ..She was told she could continue if she had frequent appraisals but was then . told by the same manager that "he would no longer feel comfortable working with her because of the grievance" (A statement he later retracted). The grievance was found in favour of the manager.

So I'm not sure what to do, so any advice on how to progress would be lovely.

OP posts:
WTF475878237NC · 28/11/2021 01:48

Personally it seems fair to me if there are aspects of your performance that do need improvement. There does need to be a way to measure both your performance and what you have been asked to work on to improve it.

Therefore a highly structured plan is exactly what I would expect my direct report to do, if I was your manager's manager, rather than a vague conversation or a conversation at your annual appraisal as a year is way too long to see improvement if you're not up to it. It sounds like your manager is following HR guidance appropriately.
Unless what they are asking you to do is unreasonable then I don't see how your perception of your colleagues' poor performance is relevant as the manager may be addressing that in confidence too, or have plans to.

I'd be focusing on improving in the areas identified otherwise you may find it progresses to a formal pathway of being managed out.

Cheekysmile22 · 28/11/2021 02:26

I don't see how your perception of your colleagues' poor performance is relevant as the manager may be addressing that in confidence too, or have plans to.

Thank you, but the first thing I asked him was if any of the others are going through the process and he said they weren't. Sorry when has it been fair to fair to treat individuals in the same role differently?

We do have regular (monthly) structured supervision sessions by the way and nothing major's come up before.

OP posts:
Rowan8 · 28/11/2021 02:40

From my experience, when you’re put on a PIP, it’s already been decided you’re going to be managed out of the business. Any grievance you file internally will go against you. It doesn’t pay for any organisation to do anything other than cover themselves in these situations. And they will even delay matters if you file a constructive dismissal claim or PIDA claim. Get your ducks in a row, either start looking for another role internally pronto or outside. Something is a foot and I speak from experience. Litigation is ugly, be sure the NHS have multiple firms on retainer as do so many others. They will collect so much again you unless you have something damning on them.
I say this as this is a massive red flag as also considering what you’re saying what has happened to your colleague.
Your manager has targeted you whether unfairly or not only you know the particulars of any possible disclosures, discussions you’ve had.
For your own sanity move on, if you think you have a case start making detailed notes and find an employment solicitor.

I’m sorry it’s not what you probably thought. But PIP’s only ever lead to one end…

Be well abs think if it’s worth years of your life to fight… :( 💐

Rowan8 · 28/11/2021 02:43

“ I mean collect against you… “

DarkDarkNight · 28/11/2021 02:47

I wouldn’t be happy with that at all if there was no prior warning. They shouldn’t spring something like that on you. I would view a performance plan as quite a big step. There should have been some kind of intervention before that point if they genuinely had a problem with your work.

If there are more people than you who also haven’t met requirements it would suggest there is a bigger problem than your performance - staff shortages, lack of training and development, overly high expectations.

WTF475878237NC · 28/11/2021 03:16

suggest there is a bigger problem than your performance - staff shortages, lack of training and development, overly high expectations.

Yes this is very true good point. I'm half asleep but stand corrected on this.

Elbie79 · 28/11/2021 04:29

I agree with PPs on two things, extremely poor practice not to mention areas of improvement in monthly supervisions before going to an improvement plan AND the writing is on the wall. Look for a new job. I'm sorry OP.

ElectraBlue · 28/11/2021 07:29

This means you have a rubbish manager. I manage teams and the way to address any performance issue is not to suddenly issue a formal PIP out of the blue.

Your manager should have first shared with you any concerns they had about your performance as soon as they became concerned, giving you a chance to explain why the issues might have been happening (lack of training, unrealistic deadlines, heavy workload or personal issues). Then you would have discussed how to improve your performance, the actions the manager wanted you to take and this would be monitored through existing one to one meetings. A PIP would only be necessary if there was no improvement after that.

My feeling would be that they are trying to 'manage you out' and the plan will be used as an excuse. They probably will word it so that you won't be able to meet the requirements.

If I were you I would put your concerns in writing to your manager and copy HR in. As why you are given this plane when no concerns have been raised until now, why you were not given a chance to improve before a PIP was issued and ask why you are the only person given a plan when other people have also not met their targets.

Also there is nothing 'informal' about a PIP. The correct procedure should be to inform the employee that if they don't meet the plan they might be dismissed on capability grounds. Again in your email to your manager and HR raise this point and state that you want in writing a confirmation of the status of this plan (is this the start of a potential dismissal) and what the implications are for your job.

Also ask yourself if there is a reason they are picking on you: age? gender? something else that could be discriminatory.

DespairingHomeowner · 28/11/2021 08:17

Agree with @ElectraBlue and @Rowan8

An informal PIP often a REQUIRED precursor to a formal PIP, and 99% of the time the writing is on the wall

Do you have any protected characteristics? Is it worth documenting & seeing a lawyer? This won’t save your job but might delay things, meanwhile look for a new job

Look at your company capability policy to see what time frames are indicated (it might not specify ) and anticipate that things might get VERY difficult at the end

Also, if you really trust your friend, find out EXACTLY from her what’s gone on, are you being targeted because of link to her?

I’m sorry OP, it’s a tough situation and your best bet is to cut losses & move on as quick as you can

Lougle · 28/11/2021 08:19

Do you recognise the areas for improvement? Are they a surprise to you? (As in, did you think you were doing well in that area?) Do you think you can meet the requirements of the PIP?

If the answers are 'yes', 'no', 'yes', then just get your head down and fill in your spreadsheet.

Hollyhocksarenotmessy · 28/11/2021 09:02

I'm in HR and I disagree that Pips always lead to dismissal. Ime this happens when there are long standing serious problems.

Otherwise Pips are a good way to get back on track and everyone's happy when there's an improvement.

Make sure yours states what will be put in place to support you to improve.

Cheekysmile22 · 28/11/2021 09:03

Thank you all very much for your help, that's very kind.

@Lougle In terms of areas for improvement. When I started my role we had a Business Analyst to do the project management stuff whilst by role did the technical development. As time's gone by the Business Analyst role seems to have been almost phased out (My friend mentioned in the original post was in the Business Analyst role hence a raised eyebrow) Now we seem to have taken on the Business Analyst role and frankly I do have difficulty with taking on the project management elements, well at least the meeting parts, of that role - I'm much more of a listener then a talker and over recent years I've build up a level of social anxiety . I'd love to be able to be more vocal, but I find it very very hard to speak out in meetings. I've discussed openly this issue before with my manager in question, but get the impression he isn't really interested.

OP posts:
Luredbyapomegranate · 28/11/2021 09:36

I think you have to assume you are being managed out, especially given it was such a surprise.

I’d get in touch with your union to make sure you get the best deal possible. But I’d start looking forward another job. If you struggle with presenting due to anxiety, as for some training (you might as well get as much out of the them as you can) and get some CBT to help with anxiety. Being v shy in the work place is a disadvantage.

Lougle · 28/11/2021 10:28

I think that makes it clearer. So, objectively, you can see why you have been put on a PIP. Does your job description mention those areas, or do you feel it's a significant change in role? How long have you been expected to contribute to meetings but have felt unable to?

AntiHop · 28/11/2021 10:39

That sounds really stressful.

I had a similar experience. I was fairly new in the role. The place I worked had a very clear supervision structure. We had meetings every 2 weeks with our managers, who graded us. My manager had given me positive grades and feedback every time. I was meeting my targets and had good feedback from the people who I worked with - the people I managed, my peers and my seniors.

At my probationary review, my manager suddenly listed loads of areas she was unhappy with. I told her that I didn't understand why she hadn't raised any of it in my fortnightly supervisions.

Anyway I left, and she agreed to let me leave without formally documenting it.

Really bad management skills on her part.

Bluntness100 · 28/11/2021 10:42

I think it’s fair to put you on a pip but you should have been aware yout performance was unacceptable, it should not have been a surprise they perceived you were failing at your job

The lady with the grievance is irrrlevant, I don’t know why you’ve mentioned it, did you also raise a grievance.

As for your colleagues performance, clearly they perceive yours to be poorer

Eithe find another job or go with the process and undertake th improvement plans.

Hunderland · 28/11/2021 21:09

But PIP’s only ever lead to one end…

I was told by acas that managers can do this for any reason under the guise of helping you improve.

I completed mine, then raised a grievance, have now been completely moved away from ex mgr and am now in a position to change some of the things that were wrong / unfair.

It was bloody stressful though.

Cheekysmile22 · 29/11/2021 09:35

Thank again for the good advice
@Lougle Thank you. It does seem a big change to a role which I performed happily and successfully for a few years. I've sent for my contract so will try to ascertain if such a change is fairly accommodated within the small print.

I don't really want to take out a grievance, but feel in a very stressful corner.

@Luredbyapomegranate Thank you .Yes I've been referred to IAPT.

OP posts:
hiya89 · 30/11/2021 21:57

@Cheekysmile22

I've been an NHS employee in a non clinical role (It related) for the last fifteen years with five years at my current trust working my way through the bands on merit.

I've been asked informally to go on a Performance Improvement Plan I wasn't warned that one of these was coming my way and in fact the meeting with my manager was titled "work catch up" so was a little surprised to say the least.

Looking through my "areas of improvement" I can see very clearly that several of my work colleagues in the same role and grade also haven't met all the area requirements, but for some reason they haven't been subjected to the same treatment.

If I'm honest this seems extremely unfair and feel that I'm for some reason being targeted. I'm happy to address issues as part of a general discussion within a personal appraisal, but this seems highly structured for instance I have to feed back each week, spreadsheet updates and all.

There is something strange going on. A friend of mine who was my Business Analyst on the same grade was offered Gardening Leave after submitting a grievance prior to the offer of G.L. ..She was told she could continue if she had frequent appraisals but was then . told by the same manager that "he would no longer feel comfortable working with her because of the grievance" (A statement he later retracted). The grievance was found in favour of the manager.

So I'm not sure what to do, so any advice on how to progress would be lovely.

I am going through an IDENTICAL situation in the NHS. Everyone's been telling me what a great job I'm doing, I'm above all my targets etc and my line manager has very swiftly rope several managers into organising a PIP.

I'm considering if I email my notice tonight, if I go on sick and then hand it in. The things I'm being expected to do on top of my role is unreasonable. Been trying to get support with this manager for over 18 months because of unfair treatment but no-one has been listening and even Freedom to Speak up say they can only help if the entire team are being treat the same way.

I am given more to do than my team who are on a higher band. I'm working well beyond my job description.I don't have the mental energy or even motivation to fight after trying to speak about this for nearly 2 years.

Whatever I do, if they want to screw up my reference, they will. Does it really matter how I leave and if they think this is because of the PIP? This woman is so vindictive and the manager's swallow every lie she feeds them apparently.

Yet with an 8 week notice period, they might get rid of me before my notice period is up. I've always done everything my line manager asks. There really isn't a reason for a PIP and all my colleagues agree. But apparently nothing anyone has to say about my performance will be considered in this PIP, just the dodgy manager!

And this is the NHS, I've no time at all to contact my union during work hours and they've said they don't want me working a minute over my time (that's what the PIP is about though everyone else has flexitime, just not me).

I feel I need to leave before this wicked woman gets what she wants but I have patients, I can't just walk out. I could easily finish up what I need to do for now with the complex ones with the highest need and then go on sick. I can't see any other way out that lets me keep my career. I'm doing a good job and can't stand that this woman is painting the opposite picture of me.

hiya89 · 30/11/2021 22:07

@Cheekysmile22

Thank again for the good advice *@Lougle* Thank you. It does seem a big change to a role which I performed happily and successfully for a few years. I've sent for my contract so will try to ascertain if such a change is fairly accommodated within the small print.

I don't really want to take out a grievance, but feel in a very stressful corner.

@Luredbyapomegranate Thank you .Yes I've been referred to IAPT.

I understand. It's not going to be pleasant to raise a grievance. I also don't want to be seen to be that person and really don't have the time or energy for it.

What do you think you will do?

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