Is your improvement plan genuine?
You are on a performance plan and suspect the outcome is already decided.
How can you tell if a performance plan is genuine?
No single sign settles it, but a few details point one way or the other. A genuine Performance Improvement Plan (PIP) has clear, measurable targets, a reasonable timeframe and real support.
A plan built to justify a decision already made tends to have vague or shifting targets, little support and a timeline too short to succeed. Either way, if a dismissal follows and you challenge it, the employer must prove just cause.1
What should you watch while the plan runs?
Compare your targets with what colleagues in similar roles were expected to achieve, where you can find out. Note whether the promised training, check-ins or resources actually happened on schedule.
Keep copies of your past reviews, because a sudden plan after a long run of good feedback is worth having on record. If the plan ends in dismissal, back wages, where awarded, are capped at 24 months for a confirmed employee and 12 months for a probationer.2
What should you do if you suspect the plan is not genuine?
Ask for the targets and support in writing if you have not received them that way. Keep a dated record of each check-in and whether the promised support took place.
Read about how many warnings the law expects before a dismissal to see what a fair process looks like. You worked there and know what normal support looks like, so write down where the plan feels different, alongside the facts.
Who can review the plan?
If you want a lawyer to act, an employment lawyer can review the plan and your appraisals. They can tell you whether it is a paper trail or a real chance to improve.
You suspect your improvement plan is a way of managing you out. An independent employment lawyer can review the plan and your appraisals, and act for you if it is not genuine.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
What are the clearest signs a plan is not genuine?
Vague targets, targets changed midway or set far above your peers are warning signs. So are a very short timeframe and support that was promised but never given.
Should I ask for the targets in writing?
Yes. A written plan with clear, measurable targets and defined support protects you either way, because you can point to what was promised if it was not delivered.
Does my own performance history matter here?
It does. A sudden plan after years of positive reviews, with no clear trigger, looks different from one that follows a documented decline. Keep copies of past reviews for comparison.
What if I am placed on a plan right after a complaint I made?
Document that timing carefully. A plan that follows soon after a complaint can raise questions about its real reason, so note the dates clearly.
Sources
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
- Back wages awarded for unfair dismissal are capped at 24 months for a confirmed employee and 12 months for a probationer. DNH
Keep reading
You suspect your improvement plan is a way of managing you out. An independent employment lawyer can review the plan and your appraisals, and act for you if it is not genuine.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.