Performance Improvement Plans

A performance improvement plan (or PIP), is a plan implemented by an employer to assess and improve an employee’s performance over a particular period of time. The plan will often have targets that need to be achieved and regular review periods to track an employee’s progress. Performance improvement plans are often used by employers to ultimately justify an employee’s dismissal for unsatisfactory performance. As a result, they should be treated seriously by employees.

What is a performance improvement plan?

What can I do about a performance improvement plan?

Employers usually have a general discretion to implement performance improvement plans unilaterally. This means employers can include unreasonable targets, short time frames and irregular review meetings as part of the performance improvement plan.

The lawyers at Jewell Hancock Employment Lawyers can assist you in challenging the implementation of a performance improvement plan, negotiating the terms of a performance improvement plan and making an application to the Fair Work Commission if the performance improvement plan has been implemented for an unlawful reason or is part of a pattern of workplace bullying. We can also assist you to rely on deficiencies in a performance improvement plan to support an unfair dismissal application to the Fair Work Commission.

It is important to act quickly if a performance improvement plan is implemented.

Contact us today to arrange a no-obligation confidential discussion with one of our experienced lawyers.

Why choose us?

Frequently asked questions

Do I have to agree to a Performance Improvement Plan (PIP)?

You can’t be forced to “agree” to a PIP. If you believe a PIP is unfair, you can respond in writing, raise concerns about fairness or accuracy and seek clarification on expectations.

Is a PIP always a warning that I’m about to be fired?

Some PIPs are genuinely aimed at helping employees improve, while others are used to document a pathway to termination. If you’re placed on a PIP and you think it is unreasonable, it’s wise to seek legal advice early to protect your position.

Can I challenge a PIP if I think it’s unfair?

If the PIP process is being used in a biased or bad-faith way – especially if it’s linked to discrimination, a complaint you made, or another protected workplace right – you may have grounds to challenge it or make a claim through the Fair Work Commission.