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Informal performance management-help!

101 replies

chickensinthebed · 04/01/2023 19:20

Hello everyone,

NC as this post is identifying.

I was out on an informal performance management plan a couple of months ago due to some silly misunderstandings and silly reasons (in my view) but my line manager has taken a dislike to me and probably wants me out of the job.

Anyway, I applied for a senior position within my current team (didn't get it- obviously as my manager was conducting the interviews)- this was also before I knew I was on an informal performance plan. So I applied for the same senior position, but in another specialist area, elsewhere and I got the job. I have handed in my notice but my manager said that she will need to inform HR whether she will need to inform my new job that I am currently on an informal performance plan. Can she inform my new job this?

Also- I didn't inform HR about my new job and I did not use HR as my reference. Will HR know about the new job I'm going to.

OP posts:
trailrunner85 · 04/01/2023 19:52

What @Quveas said. There is a lot of nonsense on this thread from people who clearly don't know anything about employment law, or about giving references.
I manage a large team and give references a lot. Different companies use different formats, but it is common to be asked if there are any issues with an employee's performance. And if they were on a performance management plan then I would say yes.

chickensinthebed · 04/01/2023 19:53

Quveas · 04/01/2023 19:48

There's so much rubbish on this thread it's hard to know where to start.

Of course an employer can give a bad reference. They must give a truthful reference and if the truth is "bad" then tough luck.

Some employers only give basic factual references. Others provide more detail. Some are legally obliged to give references. And if they aren't obliged to, no employer must give one.

And if your manager has raised performance concerns, and started to informally set targets and monitor performance, of course they can do that. Informal monitoring is nothing except doing their job - checking their employees are performing to requirements. Whether you like it or agree with it is neither here nor there. If you think you are being unfairly treated, that is for what grievances are for.

She didn't raise it initially.

She called me into an meeting. Discussed her concerns (for the first time) and I clarified any miscommunications but even with that she said she was going to put me on a performance management plan.

What are grievances?

OP posts:
Sunsetintheeast · 04/01/2023 19:53

And yet many companies don’t provide references precisely because they are at risk of legal proceedings if they aren’t accurate.

chickensinthebed · 04/01/2023 19:56

trailrunner85 · 04/01/2023 19:52

What @Quveas said. There is a lot of nonsense on this thread from people who clearly don't know anything about employment law, or about giving references.
I manage a large team and give references a lot. Different companies use different formats, but it is common to be asked if there are any issues with an employee's performance. And if they were on a performance management plan then I would say yes.

@trailrunner85

I understand. I did not use her as my reference. But what I want to know is whether HR will tell this to my new job and will my manager by pass this and let my new managers know.

OP posts:
Sunsetintheeast · 04/01/2023 19:56

Sunsetintheeast · 04/01/2023 19:49

Either way she’s not entitled to share this information with another company. I have no idea if this is true but I’d suggest to her that any action on her part as an individual would breach the GDPR rules and such a breach could lead to legal action. Should shut her up.

OP’s line manger has not been given as a referee, so her providing information would be outside of the permission give by the OP. I can’t see how that is legal @trailrunner85

girlmom21 · 04/01/2023 19:58

@chickensinthebed how will your current company know who your new company are?

What did you tell them when they asked why you're moving?

chickensinthebed · 04/01/2023 19:58

Sunsetintheeast · 04/01/2023 19:49

Either way she’s not entitled to share this information with another company. I have no idea if this is true but I’d suggest to her that any action on her part as an individual would breach the GDPR rules and such a breach could lead to legal action. Should shut her up.

Thank you. I will say exactly that.

OP posts:
KILM · 04/01/2023 19:59

At my work we have 'informal performance management' which comes before 'formal performance management'
It's just a chance to sort out the issues before they become job impacting. So you can fail the informal plan but your job isn't at risk, they'll just move you to a formal plan and THEN your job might be at risk as you'll move through formal performance stages (at our place theres 3 formal stages) at our place that also means you are entitled to union attendance at the meetings.
What I would suggest is that you think of a better explanation for your new employer if they DO find out as describing the concerns as 'silly' will be a red flag. I had someone like this once who also described it as 'silly' - yes they were small mistakes but they were happening all the time and each one needed fixing by another member of staff so it cost us time. Not saying that's you, just might want to think about how you'd frame it.

chickensinthebed · 04/01/2023 20:00

girlmom21 · 04/01/2023 19:58

@chickensinthebed how will your current company know who your new company are?

What did you tell them when they asked why you're moving?

I have not had my exit interview yet. But I told them I received a senior position elsewhere which will enable to specialise in a certain area.

My line manger kept trying to tell me where my new job is but of course I lied.

OP posts:
Nightynightnight · 04/01/2023 20:01

I think the first thing you need to do is clarify what your position is. I would do this with HR. I would also ask where you can obtain a copy of all policies pertaining to performance management. Before worrying about what she might tell your new employer, you should first make sure that any performance reviews and management plans have been done in accordance with company policy.
If she is flying a kite and not following the procedure to the letter put in a formal grievance with HR and ask for any performance management information to be removed from your personal records.

If she has done everything according to the book and HR is supporting her, then you might need to speak to your new employer yourself first.

girlmom21 · 04/01/2023 20:03

@chickensinthebed sorry I meant what did you tell the new company when they asked at interview why you wanted to leave?

If your manager doesn't know where you're going just say "ok, great" and let her crack on. Don't confide in any of your colleagues.

Fuuuuuckit · 04/01/2023 20:09

Are you meeting your performance plan op?

CocoLux · 04/01/2023 20:09

Edinburghmusing · 04/01/2023 19:41

You need to simply tell her very clearly that if she communicates with your new company - or has anyone else communicate with you new company - you will be taking swift and immediate legal action.

i would write that clearly in an email myself.

This just isn't accurate. A reference must be truthful but of course an employer can disclose information about performance. It isn't illegal!

chickensinthebed · 04/01/2023 20:10

KILM · 04/01/2023 19:59

At my work we have 'informal performance management' which comes before 'formal performance management'
It's just a chance to sort out the issues before they become job impacting. So you can fail the informal plan but your job isn't at risk, they'll just move you to a formal plan and THEN your job might be at risk as you'll move through formal performance stages (at our place theres 3 formal stages) at our place that also means you are entitled to union attendance at the meetings.
What I would suggest is that you think of a better explanation for your new employer if they DO find out as describing the concerns as 'silly' will be a red flag. I had someone like this once who also described it as 'silly' - yes they were small mistakes but they were happening all the time and each one needed fixing by another member of staff so it cost us time. Not saying that's you, just might want to think about how you'd frame it.

I understand. I did not use 'silly' with her. Just on this thread. But they were a result of mis communications.

Here are the reasons why I'm on a performance management plan.

  1. A complaint from one client user- but this turned out to be a miscommunication and the client user apologised to me. No offence taken but the user complained to the line manager.
  1. A complaint received from authorities saying that I should not have told a client user where they can access charities to support them as these charities are independent and not within the local area. I told my line manager that I understood but I was not giving any training and it is not written down on any policy on what I should be/not be advising my clients. This is human error.
  1. I am contracted to visit a place where I see multiple client users. The problem is the manager, of that place, did not know when I was coming in (even though I provided her with a timetable of my visits/timings) and trying to catch up with her was a nightmare as she keep disregarding my meetings when discussing about the clients. Therefore, that manager told my line manager that I was not doing my visits. I was, and I recorded all the information of my visits.

There is one example that I do agree I should have down. We have to book dates of our client visits on our digital calendar and I'm rubbish at this. So there was a concern about that and I am now better at booking things onto my diary- and that's it.

OP posts:
JennyForeigner · 04/01/2023 20:11

chickensinthebed · 04/01/2023 19:46

@Sunsetintheeast

Thank you. That's what she meant but she kept calling it an 'informal management plan' as that term didn't come up when I was researching it.

But I don't even think I should be on one. But that's another story.

That's why it shouldn't exist, because if it were a formal process the criteria would be established and you would have the chance at least to have your perspective recorded in regular noted meetings on objectives

'Informal' processes are very often just bullying by another name.

Have HR been involved? If not, I think you can extrapolate this is bs.

chickensinthebed · 04/01/2023 20:12

Fuuuuuckit · 04/01/2023 20:09

Are you meeting your performance plan op?

Yes- very much so but there were about 8 visits that I had not booked onto my calendar (which are now done) but she said that if I don't do this by the deadline- then I will be on a formal management plan,

OP posts:
Oldfox · 04/01/2023 20:14

converseandjeans · 04/01/2023 19:23

Is it a job with a different company? If so I don't think technically you're allowed to give someone a bad reference.

In teaching we have to inform the head if we plan to go for another job, so it's never a secret. It's then awkward if you don't get it. However in other professions I can't see why your manager would need to know until you give your notice in.

Did you put your current manager as your referee?

If so I don't think technically you're allowed to give someone a bad reference.

Of course you are allowed - it has to be factual and truthful however, to avoid litigation most companies will just confirm dates and positions

chickensinthebed · 04/01/2023 20:14

@JennyForeigner

HR have not been involved... what should I do? Get this removed from my record? I'm going to contact HR. But I'm worried that if I contact HR, that will alert them to the issue and I'm scared they will tell my new employees.

OP posts:
Letitrainletitrainletitrain · 04/01/2023 20:16

If you don't need HR or your current manager to give you a reference just don't tell either of them where your new job is, you are under no obligation to tell them. You also don't need to attend an exit interview if you don't want to

JennyForeigner · 04/01/2023 20:19

Ask for copies of performance management policies as suggested by a pp. It's perfectly reasonable for you to ask - a right under case law even. In the course of the conversation you can request guidance from HR without any risk of come back. You're already going, they can no more contact your new employer out of the blue than your manager can, and the worst that happens is you don't have a set of employer policies and should then feel good about moving on.

JennyForeigner · 04/01/2023 20:22

chickensinthebed · 04/01/2023 20:14

@JennyForeigner

HR have not been involved... what should I do? Get this removed from my record? I'm going to contact HR. But I'm worried that if I contact HR, that will alert them to the issue and I'm scared they will tell my new employees.

I doubt it's on your record tbh, or not in any form that should survive your moving on (employee files should be regularly reviewed so they are keeping the legal minimum information under GDPR). Don't worry, move on, be happy - again as a pp said, they would be mad to be unreasonable or vindictive, and there is no legal basis for your manager to try.

chickensinthebed · 04/01/2023 20:23

@JennyForeigner

Sorry for the questions I'm new to this. Should I ask for the performance management policies from HR (rather than the manager)?

And- should I ask HR about the communications?

OP posts:
YukoandHiro · 04/01/2023 20:25

If the job is within a different company then by law they are only allowed to confirm you worked there and on what dates. He's lying to you and he's also an absolute arse

MajorCarolDanvers · 04/01/2023 20:27

Quveas · 04/01/2023 19:48

There's so much rubbish on this thread it's hard to know where to start.

Of course an employer can give a bad reference. They must give a truthful reference and if the truth is "bad" then tough luck.

Some employers only give basic factual references. Others provide more detail. Some are legally obliged to give references. And if they aren't obliged to, no employer must give one.

And if your manager has raised performance concerns, and started to informally set targets and monitor performance, of course they can do that. Informal monitoring is nothing except doing their job - checking their employees are performing to requirements. Whether you like it or agree with it is neither here nor there. If you think you are being unfairly treated, that is for what grievances are for.

Thank goodness for a sensible response.

ChicCroissant · 04/01/2023 20:28

YukoandHiro · 04/01/2023 20:25

If the job is within a different company then by law they are only allowed to confirm you worked there and on what dates. He's lying to you and he's also an absolute arse

This is not true. In fact, it's completely wrong and very misleading. Ignore it.