Improvement plan for a dysfunctional employee

An improvement plan is not a disguised route to dismissal, but a fair chance for both employer and employee to improve performance. If carried out carefully and well-documented, you as an employer will also be in a stronger position should it come to dismissal. Below, you can read how to correctly set up an improvement plan and which pitfalls to avoid.

When do you start an improvement process?

An improvement plan comes into play when there are recurring performance issues and previous discussions have brought about no change. It is crucial that you:

• has clearly communicated the expectations;
• has accurately captured the performance gap.

You carefully plan and execute the process itself. Begin with an open dialogue regarding the desired areas for improvement, document these conversations in the personnel file, and then start a formal process—possibly with external guidance. Develop an improvement plan with measurable, achievable goals and regular evaluation moments.

The focus: guiding and supporting

An improvement plan is intended to improve performance, not to justify dismissal. Therefore, as an employer, you must offer calm and trust and guide the employee. Interim evaluations are permitted and even desirable, but must be fair, objective, and focused on development. Provide feedback on observable behavior, not on the person.

The judge takes the improvement process into account

If it does come to a dismissal case, the judge will thoroughly examine the efforts of both parties. A well-documented and fairly executed improvement plan demonstrates that you have offered the employee sufficient opportunities — a crucial element in the assessment. As a result, a dismissal may be justified and financial penalties can be limited or avoided.

Be aware of the pitfalls that could undermine the process:

• incorrect or unachievable development goals;
• bias;
• engaging external coaching too late.

Frequently Asked Questions

Is an improvement plan a stepping stone to dismissal?

No. The goal is to improve performance. However, a careful process can strengthen your position if dismissal ultimately proves unavoidable.

How long should an improvement process last?

The law does not specify a fixed term. What is reasonable depends on the position, the employment relationship, and the nature of the poor performance; it often involves a few months.

Why is documentation so important?

Because in a dismissal case, the judge looks at the efforts made. A well-documented process proves that you have given the employee a realistic chance.

What if the improvement process fails?

Then reassignment, a change of position, or, as a last resort, dismissal come into play. Seek advice regarding the next steps.

Need help with an improvement process?

An improvement process requires precision: one mistake can undermine it. We advise and guide you during the setup and execution, and inform you about the next steps if the process fails.

Our employment law are happy to assist you. Schedule a no-obligation intake consultation.