Anita Briggs, a digital media content producer employed by the National Museums of Scotland for 16 years, was dismissed from her role and subsequently awarded £22,210 in compensation by an employment tribunal. The tribunal found that while Ms. Briggs’ performance was lacking, the museum failed to provide adequate formal warnings before her dismissal, rendering it unfair. Her role entailed creating and coordinating content for the museum’s social media platforms, including Facebook, LinkedIn, and X (formerly Twitter). However, her performance consistently fell short of expectations, marked by missed deadlines, spelling errors, infrequent posting, and content deemed subpar.
The performance issues dated back to May 2022, when her then-manager, Russell Dornan, placed her on an informal personal improvement plan (PIP) due to concerns about her output. Despite this intervention, Ms. Briggs’ performance didn’t improve. She failed to produce any content in November 2023 and only managed six posts in December. While the tribunal acknowledged her personal challenges during this period, it also emphasized the significance of consistent content creation for the museum’s online presence.
Following Mr. Dornan’s departure, his successor, Hannah Barton, implemented a formal PIP after observing that Ms. Briggs had created only two pieces of content between June and August 2023. This PIP, extending to January 2024, explicitly warned of potential dismissal if performance didn’t improve. However, Ms. Briggs again failed to deliver, producing no content in November and minimal posts in December, prompting Ms. Barton to express her lack of confidence in Ms. Briggs’ abilities and ultimately terminate her employment.
The central issue in the tribunal revolved around the lack of formal warnings preceding Ms. Briggs’ dismissal. Employment Judge Stuart Neilson stated that a reasonable expectation would be at least one formal warning before termination, a step the museum neglected. Despite acknowledging the importance of content creation for the museum, the judge ruled in Ms. Briggs’ favor, citing the procedural flaw in the dismissal process. The compensation awarded reflects the unfair nature of the dismissal rather than an endorsement of Ms. Briggs’ performance.
This case highlights the importance of clear performance management processes. While the museum clearly had concerns about Ms. Briggs’ performance over a sustained period, their failure to formally document these concerns and provide explicit warnings ultimately undermined their case for dismissal. The informal PIPs, while well-intentioned, didn’t provide the necessary legal framework for terminating employment based on performance. The tribunal’s decision underscores the need for employers to follow proper procedures, even when dealing with persistent performance issues.
The situation also illustrates the complexities of managing performance in a digital content creation role. The rapid pace of social media and the constant demand for fresh content can create pressure on individuals. While consistent output is crucial, it’s equally important to address underlying issues that might be impacting performance. In this case, while personal challenges were acknowledged, the museum’s response primarily focused on output rather than exploring potential support or adjustments to address the root causes of the underperformance. This case serves as a reminder of the need for open communication and a supportive approach to performance management, especially when employees face personal difficulties.
