Hi everyone.
Would you create a PIP for someone who is constantly breaching on DPA checks?
I've created file notes in the past, but have been told it should be a PIP.
For me, a PIP is for a knowledge or skill issue, not for a standard requirement like security checking.
I don’t know the exact legal side of it as we always had a HR director but as far as I see it, a PIP is to improve someone (or to manage them out) but if DPA is being breached that is very serious and with possible financial and other sanctions placed against the business, the person causing the breach and possibly yourself as you are aware of it.
Have you spoken to the individual and told them that this is not acceptable?
Surely this would count as gross misconduct or a disrepute clause and could go straight to a formal written warning or even dismissal? Speak to your HR or legal advisors.
A PIP might be needed to help with the paper trail in the event of dismisal as you will need to be able to prove that sufficient training and support has been to the individual concerned.
We used to take agents off the 'phone if they were breaching DPA and assign them alternative tasks until they had received additional training and had passed a test to demonstrate that they had the knowledge, after that future breaches were clearly a case of mis-conduct as opposed to being a capability issue.
PIPs are generally used in instances where improvements in performance and behaviour are required. Our process is to have an informal chat, a file note, PIP (a record which explains the reasoning and what actions you have taken together to reach the improved standards, and what further action may be taken if these standards are not met) then further disciplinary action.
Please often view PIPs as a negative thing however it depends on how it is delivered. Where support is required, you need to deliver a positive message so the agent understands you are supportive of their improvements and willing to work together to attain them.
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