Put on a PIP? Make sure it is actually about improvement.
Performance management should identify the gap, set clear standards, provide support and give a real opportunity to improve. It should not be a disguised dismissal process.
Performance is not misconduct
Poor performance is usually managed differently from misconduct. The employee should understand the standards, the alleged gaps, the support available, the review period and the risk if performance does not improve.
- Get the alleged performance gaps and expected standard in writing.
- Ask how success will be measured and over what period.
- Keep earlier positive reviews, targets, workload information and resource requests.
- Respond to inaccurate allegations rather than letting them harden into an accepted record.
What the employer still has to justify
The alleged performance standard was never clearly communicated.
Targets are unrealistic, moving or selectively enforced.
A PIP is designed to manufacture failure rather than support improvement.
Training, resources or feedback needed to meet the standard are withheld.
The employer jumps from performance concerns to dismissal without a fair opportunity to improve.
Misconduct language is used to avoid the slower obligations of a genuine performance process.
What actually matters here
01Make the standard measurable
The employee should be able to understand what satisfactory performance looks like. General statements such as 'be more proactive' or 'show better attitude' are difficult to assess unless they are tied to concrete duties, measurable outputs or clear behavioural expectations.
02Support and time matter
A genuine performance process usually involves reasonable support such as training, coaching, clarification, resources or workload adjustments where appropriate. The review period should be long enough for the employee to demonstrate whether improvement is achievable.
03Warnings and dismissal
There is no universal number of warnings required, but performance dismissal normally follows a progressive process where the employee knows the gaps, understands that continued employment is at risk, and has a real opportunity to improve. Relevant agreement and policy requirements should also be followed.
What a useful result can look like
An employee can genuinely be underperforming and still be entitled to a fair process. Equally, a fair process can end in dismissal if performance does not improve.
A fairer and achievable improvement plan.
Removal or correction of unsupported performance allegations.
A negotiated exit where the relationship no longer has a workable future.
A personal grievance if unjustified disadvantage or dismissal follows.