How do you avoid discrimination and bias when creating and enforcing a performance improvement plan?

1 Identify the root cause

Before you decide to put an employee on a PIP, you need to identify the root cause of their poor performance. Is it due to lack of skills, knowledge, motivation, feedback, or resources? Is it related to personal or professional issues, such as health, family, or workplace conflicts? Or is it influenced by factors such as age, gender, race, disability, or religion? You need to be objective and evidence-based when assessing the employee's performance and avoid making assumptions or judgments based on stereotypes or prejudices.

2 Communicate clearly and respectfully

Once you have determined the need for a PIP, you need to communicate it clearly and respectfully to the employee. Explain the purpose and benefits of the PIP, the expectations and criteria for success, the timeline and milestones, and the support and resources available. Listen to the employee's feedback and concerns, and address them with empathy and honesty. Avoid using harsh or threatening language, or implying that the PIP is a punishment or a precursor to termination. Instead, emphasize that the PIP is a collaborative and constructive effort to help the employee improve and grow.

3 Provide consistent and constructive feedback

During the PIP period, you need to provide consistent and constructive feedback to the employee. Monitor their progress and performance regularly, and acknowledge their achievements and challenges. Give them specific and actionable suggestions for improvement, and praise them for their efforts and results. Avoid being vague, inconsistent, or biased in your feedback, or comparing them to other employees. Instead, focus on the goals and standards that were agreed upon at the start of the PIP.

4 Document and review the process

Throughout the PIP process, you need to document and review the employee's performance and feedback. Keep a record of the PIP agreement, the meetings and conversations, the actions and outcomes, and the evidence and data. This will help you evaluate the employee's improvement and determine the next steps. It will also protect you from potential legal claims or disputes if the employee challenges the PIP or alleges discrimination or bias. Review the PIP process with the employee at regular intervals, and adjust it as needed based on their performance and feedback.

5 Follow the policies and procedures

Finally, you need to follow the policies and procedures of your organization when creating and enforcing a PIP. Consult with your human resources department, your manager, or your legal counsel if you have any questions or doubts about the PIP process. Ensure that you comply with the relevant laws and regulations, such as the Equality Act 2010, the Employment Rights Act 1996, or the ACAS Code of Practice on Disciplinary and Grievance Procedures. Avoid making any decisions or actions that are arbitrary, unfair, or discriminatory towards the employee.