Informal performance management-help!

[chickensinthebed]

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.

No worries - I'd have a quiet chat with the HR manager and ask for them. And then just quietly drip in that you have some 'concerns' about your manager suggesting they would have a duty to disclose an informal process that you don't feel has been adequately explained to you to a new employer.

If they have anything about them, another quiet word will be had without delay - but either way you're safe and will have done your best for the people who come after you.

@girlmom21

I told the new job that I was very interested in developing my skills within their role description (very true) but I had the interview long before I knew I was on an performance management plan.

That is completely incorrect

If it's nothing more than ordinary management, why would a manager want to check whether they should disclose to a new employer?

There is a lot of strange stuff on this thread, but I think the point a lot of people are missing is that OP's manager is not their reference. A reference can give out truthful information, indeed a reference could even express a negative opinion of an employee but if this was subjective, it could be challenged legally.

However, a manager should not be discussing performance management of an employee with people unrelated to the company outside of a reference situation. They're essentially giving out private information about the employee, and the company, without consent.

If the new company wanted to speak to OP's current manager, they would ask and it would be up to OP to give consent or not. Obviously, not giving consent may be viewed suspiciously by the new company. But as the company haven't done that, the manager shouldn't take it on their own back to contact the new company and give out information about OP, which OP hasn't given consent to.

Anyway, OP, you don't have to tell them where your new job is. In your exit interview tell HR you are worried your manager will give confidential information about you to your new job if you tell them. Hopefully, they will tell the manager they can't do this.

Really need basic employment law at school or something. Op, ring ACAS for a chat with an advisor and take 90% of this thread with a huge dose of salt. @Quveas and @MajorCarolDanvers excepted.

www.acas.org.uk

I’m getting a bit confused. If neither your current HR team or line manager are listed as referees…then how will either know where you’re moving to and therefore provide them with the info about being on a management plan?

@JennyForeigner and @Postapocalypticcowgirl thank you, that is really helpful to know.

@LaughingCat

But don't I also need to provide a formal resignation letter to HR and tell them where my new place is??

I work in HR and its highly unlikely a company would ever provide this kind of detail in a reference to a new employer.

If your manager provides a reference to them for whatever reason they will be doing so on behalf of your current company, which means if it damages your new job offer you can take action against your current company.

I would ring your current HR team and ask them what details they provide in an employment reference.

Also let your manager know that you will take it to tribunal if they do anything to jeopardise your new job.

You should resign in writing (letter or email) but you are under no obligation to tell anyone your future plans.

I work in HR. It’s either a formal performance improvement plan, created in conjunction with HR. There’s official paperwork, or there is no improvement plan. You need to know about it and sign to say you agree to it. It’s an official plan with the clear understanding you will be dismissed if you don’t meet these objectives within a set time frame.

Most employees have an list of objectives to meet over the course of the year, and it’s good practise to keep a record of one to one’s with your manager. This is not an improvement plan unless you’ve specifically been told it is.

If they went to your new manager and let them know about an imaginary improvement plan that you didn’t know you were on … well, this is how tribunals come about …

“Good afternoon.

Please take this email as notice of my resignation from the company. As per the terms of my contract, attached, I must work a month’s notice period, which would make my final working day XXX.

Many thanks for the opportunities afforded to me here and many best wishes,

chickensinthebed.

ENDS

There you go - that is literally all you have to provide. You don’t need to tell anyone where you’re going unless you want to. You got the job, based on your performance at interview and the references you supplied. End of story.

No, you just tell them of your plan to leave

There is absolutely nothing that means you have to tell them where you are going

In fact you don't even need to tell them you are going to a new job

No, I did not sign anything and it was not done in conjunction with HR- not to my knowledge anyway!

@Littlegoth Quite right.

Absolutely. Your line manager has no legitimate need to know where you are moving on to. They are not a referee and any concerns they have should be addressed via HR who would probably be of the opinion that a bad employee should be helped out of the door and/or your line manage sounds vindictive and needs to be stopped before causing them some legal issues.

Then go to HR and ask what the hell has been going on.

Totally untrue. Where did you get this from?

Definitely no need to inform them of where you are moving to in a resignation letter. I don't even include this info even when i have told my manager or colleagues informally and have been quite open about it

@chickensinthebed Then that’s not an improvement plan.

But also complete rubbish.

You can give a bad reference as long as it is truthful (and you'd probably want evidence to back up that truth)

References are exempt from things like defamation as long as sone in good faith and relevant to the questions asked or information expected.

HR at your current company will not reach out to the HR department at your new company to tell them you were on a performance plan if you have not put them down as a reference. I’m a senior HR manager and would never do this, you are under no obligation to disclose your new organisation to them.

I don’t understand your manager. If they want to get rid of you, why are they trying to block your new role?

To clarify - is this new job an internal move elsewhere in your company or with an unrelated company? Some internal transfers may be subject to further pre-employment checks such as warnings for poor performance or attendance etc. And with internal moves, HR would potentially know the details of your new line manager at the new department as part of the transfer process.

Do you have a confirmed start date for your new job? How long do you need to work your notice period?

Don't most places say that employees references can ONLY be done by hr and not by random managers.

And companies asking for references will want them from hr more than a random senior person.

So you giving name of someone else may be rejected anyway.

Of course they can't write to new companies out of the blue,only respond if a reference request is received.