Employment Partner Mark Kaye has commented for HR Magazine on an Irish tribunal's decision to award a project manager €68k after it concluded he was unlawfully placed on a performance improvement plan (PIP) for complaining about repeatedly being paid late.
Mark explained: “A pattern of late or incomplete payments (even if eventually corrected) can itself be grounds for a successful constructive dismissal claim, irrespective of any other conduct by the employer," and stressed that HR departments should treat payroll failures as a compliance issue requiring remediation.
A PIP must be accompanied by specific, documented performance criteria, said Mark, adding: “HR should ensure that a PIP only arises out of documented, dated performance concerns raised through normal line management channels, such as appraisals or written feedback.
“If there is no such history, a sudden PIP is unlikely to withstand scrutiny, especially if it follows a complaint by the employee in question.”
To ensure compliance with formal complaints, Mark advised that HR teams should intercept complaints and route them into a structured grievance procedure. This way, HR, and not the individuals named in the complaint, has control of the process.
Mark concluded: “Where a complaint is against senior leadership, HR should have an escalation route (for example, to the board) that is genuinely independent of the individuals complained about.”
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