What performance management action is appropriate for this situation?

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    "name": "What performance management action is appropriate for this situation?",
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    "description": "Determines the appropriate performance management action for an underperforming employee. Use this tree to guide managers through a structured, fair, and legally defensible response to performance concerns. The outcome aligns with progressive discipline principles and HR best practice.",
    "mode": "decision",
    "entry": "Q1",
    "tags": [
      "hr",
      "performance management",
      "people management",
      "employee relations"
    ],
    "image": "https://images.unsplash.com/photo-1552664730-d307ca884978?w=1200&q=80"
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  "questions": [
    {
      "id": "Q1",
      "text": "Is this the first time you are raising a performance concern with this employee?"
    },
    {
      "id": "Q2",
      "text": "Is the underperformance causing significant or immediate business impact?"
    },
    {
      "id": "Q3",
      "text": "Has the manager documented the prior performance feedback in writing?"
    },
    {
      "id": "Q4",
      "text": "Is the root cause primarily a conduct issue (wilful non-compliance, attitude, or behaviour) rather than a capability issue (skills gap or lack of knowledge)?"
    }
  ],
  "outcomes": [
    {
      "id": "INFORMAL",
      "label": "Informal Coaching Conversation"
    },
    {
      "id": "DEV_PLAN",
      "label": "Structured Development Plan"
    },
    {
      "id": "PIP",
      "label": "Formal Performance Improvement Plan (PIP)"
    },
    {
      "id": "ESCALATE",
      "label": "Escalate to HR / Legal"
    }
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  "dsl": "dag: What performance management action is appropriate for this situation?\nversion: 1.0.0\nimage: https://images.unsplash.com/photo-1552664730-d307ca884978?w=1200&q=80\ndescription: Determines the appropriate performance management action for an underperforming employee. Use this tree to guide managers through a structured, fair, and legally defensible response to performance concerns. The outcome aligns with progressive discipline principles and HR best practice.\ntags: hr, performance management, people management, employee relations\nentry: Q1\n\nQ1: Is this the first time you are raising a performance concern with this employee?\n  hint: Consider whether any prior conversations about performance have taken place, even informally. A \"first conversation\" means the employee has not previously been made aware that their output, behaviour, or results fall below expectations. If there has been a prior discussion — even a casual one — answer no. Be honest with yourself: a passing comment in a one-on-one does count as a prior conversation.\n  yes -> Q2\n  no  -> Q3\n\nQ2: Is the underperformance causing significant or immediate business impact?\n  hint: Significant impact includes missed deadlines on critical projects, customer complaints, revenue loss, safety issues, or material disruption to the team. Minor impact includes occasional errors, slower-than-expected ramp-up, or quality issues that are contained and recoverable. Be objective about the real cost of the current situation to the organisation — neither minimise nor exaggerate the consequences.\n  yes -> Q4\n  no  -> [INFORMAL]\n\nQ3: Has the manager documented the prior performance feedback in writing?\n  hint: Documentation includes written follow-up emails after conversations, notes recorded in a performance management system, meeting minutes, or formal review ratings. Verbal-only feedback with no written record significantly weakens the organisation's position if further action becomes necessary. Check the employee's file and any HR information system before answering — the existence of a paper trail is essential at this stage.\n  yes -> Q4\n  no  -> [DEV_PLAN]\n\nQ4: Is the root cause primarily a conduct issue (wilful non-compliance, attitude, or behaviour) rather than a capability issue (skills gap or lack of knowledge)?\n  hint: Conduct issues are where the employee could meet expectations but is choosing not to — examples include ignoring instructions, insubordination, persistent lateness, or disrespectful behaviour toward colleagues. Capability issues are where the employee is genuinely trying but lacks the skills, training, or support to succeed. This distinction is legally and procedurally critical: conduct and capability follow different pathways in most jurisdictions and conflating them creates significant legal exposure.\n  yes -> [ESCALATE]\n  no  -> [PIP]\n\n[INFORMAL]: Informal Coaching Conversation\n  color: #4ade80\n  description: An informal, private conversation is the right starting point. The manager should clearly name the performance gap, explain the expected standard, and agree on specific improvement actions with a concrete timeline. This conversation must be documented with a brief follow-up email summarising what was discussed and agreed — even informal conversations need a written record. No formal HR process is required at this stage, but the record is essential if further action becomes necessary later. Schedule a follow-up check-in within two to four weeks to review progress against the agreed actions.\n  code: HR_PERF_01\n\n[DEV_PLAN]: Structured Development Plan\n  color: #facc15\n  description: A structured development plan is appropriate where concerns have been raised previously but were not formalised in writing. Work with the employee to co-create a written plan that identifies specific performance gaps, measurable improvement targets, required support or training, and a clear review timeline of four to eight weeks. The plan should be signed by both the manager and the employee and stored securely in the HR system. This step protects the organisation legally and gives the employee a genuine, supported opportunity to improve before any escalation. Share the plan with HR before finalising to ensure it meets policy requirements.\n  code: HR_PERF_02\n\n[PIP]: Formal Performance Improvement Plan (PIP)\n  color: #f97316\n  description: A formal PIP is warranted where prior feedback has been documented and the capability concern persists or is of sufficient severity. Engage HR before initiating the PIP to ensure the plan meets all legal requirements and company policy standards. The PIP must include specific and measurable goals, a defined review period (typically 30 to 90 days), explicit support commitments from the organisation, and clear consequences if the plan is not met. Hold regular documented review meetings throughout the PIP period. At the conclusion of the plan, communicate the outcome clearly and in writing — whether that is successful completion, extension, or further action up to and including termination.\n  code: HR_PERF_03\n\n[ESCALATE]: Escalate to HR / Legal\n  color: #ef4444\n  description: Where the issue is primarily one of conduct rather than capability, the performance management pathway is not appropriate and HR — and potentially legal counsel — must be involved immediately. Conduct concerns may require a separate investigation, a disciplinary process, or both, and the procedural requirements differ materially from capability management. Attempting to manage a conduct issue through a PIP creates significant legal exposure and may be used against the organisation in any subsequent employment tribunal or litigation. Gather all relevant evidence, preserve communications without alteration, and contact HR to agree on the correct next step before any further conversation with the employee.\n  code: HR_PERF_04\n"
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