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An improvement plan (improvement trajectory) is a written process in which you give an underperforming employee a concrete opportunity to improve. It is indispensable: without a serious improvement trajectory, a dismissal due to poor performance almost always fails.
Why an improvement plan?
You may not simply dismiss a dysfunctional employee. The judge assesses whether you did enough to prevent the dismissal and whether the employee was given a genuine opportunity to improve. An improvement plan is proof that you offered that opportunity.
What is included in an improvement plan?
Specify concretely what is unsatisfactory, which goals the employee must achieve and within what timeframe, and what support and guidance you offer (such as coaching or training). Agree on fixed evaluation times and record the outcomes in writing.
Give a fair chance
The process must be realistic: a timeframe that is too short or unattainable goals do not count as a genuine opportunity. Offer appropriate guidance and be concrete and constructive. A sham process that exists only on paper will be seen through by the judge.
From improvement plan to file
If success is not achieved despite the process, the improvement plan, together with the evaluations and warnings, forms the file for dismissal due to poor performance. Also investigate whether reassignment to another suitable position is possible before requesting dismissal.
Frequently Asked Questions
Is an improvement plan mandatory for dismissal due to poor performance?
In practice, yes: without a proper process, the judge rules that the employee was not given sufficient opportunity and rejects the dismissal.
How long should an improvement process last?
There is no fixed duration; it must be realistic, appropriate to the position and the shortcomings. A term that is too short does not count as a genuine opportunity.
What if the employee does improve?
In that case, the process is successful and there are no grounds for dismissal. That is also the actual purpose of an improvement plan.
Setting up a robust improvement process?
Our legal experts draw up an improvement plan and advise on the case file and a settlement agreement. View our employment lawteam or schedule a free consultation.
