When a protected conversation doesn’t go to plan

A client recently came to me feeling stuck. They had an underperforming employee who’d been on a Performance Improvement Plan (PIP) for several months with little change. After trying to open a protected conversation to explore a mutual exit, the employee simply refused to engage—leaving the business unsure what to do next.

They wanted to act fairly, avoid unnecessary conflict, and stay within the law. I guided them through their options step by step, using my ER Toolkit and templates to make the process more manageable.

Step 1: Review and Reframe

We began by reviewing the performance records—including the original PIP, meeting notes, and any informal support offered. Everything was well documented and consistent, so we had a solid foundation.

Next, I helped the client reframe their approach. We looked at how the protected conversation had been presented. I suggested a more neutral tone, emphasising the benefits of an agreed exit: reduced stress, a clean break, and the chance to leave with dignity. Sometimes how you frame things really matters.

Step 2: Clarify the Options in a Formal Meeting

We drafted an invite for a formal, private meeting—not disciplinary, but structured. In that meeting, they clearly explained why a protected conversation had been offered in the first place and laid out what it involved, including:

• Confidentiality for both parties
• The opportunity to negotiate terms, such as a reference or settlement
• A quicker, more amicable resolution than formal disciplinary action

This helped remove some of the fear and uncertainty on the employee’s side, even if they still weren’t ready to engage straight away.

Step 3: Strengthen the PIP

Since the protected conversation hadn’t been taken up, we refocused on performance management. I supported the client to put in place an enhanced PIP—with shorter timeframes, measurable outcomes, and weekly reviews to keep momentum going.

We also checked in with the manager involved, making sure they had the confidence and support to manage the process consistently and fairly.

Step 4: Prepare for a Fair Outcome

In the background, we made sure all policies and templates were aligned—using my Disciplinary Toolkit to prepare just in case formal steps were needed.

Eventually, the employee didn’t meet the revised targets and the client followed their disciplinary process to a fair conclusion. The employee chose to leave without appeal, and although it was a difficult process, it was handled with professionalism and care throughout.

Every step was underpinned by clear documentation, a supportive tone, and confidence in the process—all things I help my clients build into their people practices.