Documenting Performance Conversations: A Manager Guide for Irish Employers

Performance problems rarely begin with a formal process. They begin with a conversation in a corridor or a one-to-one, and what a manager writes down afterwards can matter a great deal later. This guide looks at how managers in Ireland can approach performance conversations and the records that go with them: what the official sources say about fair procedures and records, why an employee's right of access under data protection law affects how notes should be written, and some practical tips that are our suggestions and not legal requirements. It focuses on notes and records. For the wider process, see our guide to managing poor performance in Ireland. This is general information, not legal advice.

What the code says about fairness and records

The WRC Code of Practice on Grievance and Disciplinary Procedures was declared by S.I. No. 146 of 2000, with the order signed on 26 May 2000 according to the WRC page. It says procedures should be rational and fair and should comply with the general principles of natural justice and fair procedures. As we read the code and the WRC summary, those principles include:

• details of any allegation or complaint being put to the employee;
• the employee having the opportunity to respond fully;
• the employee having the opportunity to be represented, where a representative can be a colleague of the employee's choice or a registered trade union;
• a fair and impartial determination of the issues; and
• an internal appeal mechanism.

The code adds that, depending on the case, allegations may need to be put in writing, and the employee may need to be able to question witnesses. On records, it says the operation of a good grievance and disciplinary procedure requires the maintenance of adequate records, and that warnings should be removed from the record after a specified period, with the employee told when that happens. Our guide to the grievance and disciplinary code of practice covers the code as a whole.

What the code does not do is prescribe a format. It does not say how detailed notes must be, who should take them, or how long records should be kept beyond the idea of a specified period for warnings. The WRC page we read shows no last-updated date, though it carries the marking Code of Practice 5, August 06. Where the code is silent, the suggestions below are ours.

What Citizens Information adds on performance

Citizens Information (page on fair grounds for dismissal, last edited 11 August 2026) separates capability from competence. For competence, meaning meeting the standards of the job, it says the employer first needs to tell the employee about the standards expected, which may be set out in the contract or employee handbook. Where the employee falls short, the employer must explain this using a formal procedure, say what needs to improve (and the improvements should be achievable), and give a reasonable timeframe. If problems continue, the page refers to a final warning setting out the likelihood of dismissal. The same page says the employee must be made fully aware of the allegations, be given an opportunity to present their side, and has a right to be represented in disciplinary procedures.

Read together, these points show what a record of a performance conversation should be able to demonstrate later: what standard was explained, what shortfall was raised, what improvement was asked for, what time was given, and what the employee said in response. That is the logic behind the tips below.

Your notes may be read by the employee

This is the point many managers miss. The Data Protection Commission (DPC) explains that under Article 15 of the GDPR, a person can ask a controller whether it processes their personal data and, if so, for a copy and related information. The DPC's right of access page says the GDPR sets no particular method, so a request can be verbal or in writing, although written requests are encouraged. It says no fee can normally be charged, except where a request is manifestly unfounded or excessive.

The DPC's guide for data controllers on subject access requests (marked Version Last Updated October 2022) adds several points relevant to performance records:

• The maximum period to respond is one calendar month from receipt, and this can be extended by two further months only where necessary, with the requester told within the first month and given the reason. The DPC guide strongly recommends that organisations have policies aimed at responding to access requests within 15 working days.
• Personal data is defined broadly and includes data inferred or derived from other data.
• Handwritten notes are personal data, and a typed transcription on its own does not satisfy the request.
• Internal emails that refer to the requester should be provided, appropriately redacted.
• Other people's data must not be disclosed, and removing names alone may not be enough, because roles or employee numbers can identify someone. The guide gives an example of performance-related minutes that mention colleagues, where those colleagues' names and identifying details must be redacted before release.
• For a disciplinary inquiry, the guide says the employee should receive the data about that inquiry, and not a whole career of unrelated HR records.

A DPC case study listed under 2020 involved an employee's access request for their HR file. It records that section 60 of the Data Protection Act 2018 limits access rights so that they do not extend to an opinion about the data subject that another person gave in confidence, or on the understanding it would be kept confidential. It also records that documents released during the investigation should have been provided within the statutory timeframe. Our guide to data subject access requests in HR explains the process from the HR side.

Practical tips for note-taking (our suggestions)

None of this is a legal requirement. It is a practical approach that fits both the fair procedures principles and the likelihood that notes will be read by the employee.

• Write as if the employee will read it. Assume the notes could be handed over, and write accordingly.
• Record the basics. Date, time, who was present, whether the employee had a representative, and the purpose of the meeting.
• Be specific and factual. Note examples, dates and outputs instead of general labels such as poor attitude. Keep your observations separate from your opinions, and label opinions as such.
• Record the standard. Note the target, role requirement or handbook expectation you referred to.
• Capture the employee's response. The code's emphasis on the opportunity to respond fully means their explanation, any circumstances raised and any support requested belong in the record.
• Record what was agreed. Actions, support, review date and what happens next, so there is no doubt later about what the employee was asked to do and by when.
• Share a summary. Send a short written summary soon after and invite corrections. That is consistent with the fair procedures idea and reduces disputes about what was said.
• Keep notes in one agreed place. Handwritten pads, personal phones and scattered email chains make it harder to find everything if a request for access arrives.
• Keep other people's information out. Avoid discussing colleagues by name in an employee's performance record where it is not needed, since it will need redacting.
• Avoid gossip and speculation. Do not record guesses about motives, health or home life that you cannot support.
• Do not rewrite the past. If you realise you left something out, add a dated addendum rather than altering the original.

A simple template (our suggestion)

A short template can keep notes consistent across a Dublin team. Headings to consider: date and attendees; purpose; standard or expectation discussed; examples raised; employee's response; support offered; agreed actions and dates; next review; and whether a summary was sent. Adapt it to your own policies, and check with HR before using it as part of a formal process.

When a conversation becomes formal

An informal chat about improvement is different from a stage in a formal procedure. The code expects issues to be dealt with first by the immediate manager, possibly informally, but if the matter moves into a formal stage then representation, written allegations and appeal need to be considered. Our suggestion: tell the employee clearly when a conversation is moving from informal to formal, and say what the next steps and their options are.

Retention

The sources we read give no period for how long performance notes should be kept, apart from the code's reference to removing warnings after a specified period. We do not state periods here. Check your own retention policy and take advice before setting one.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Does the code say managers must keep written notes of every performance conversation?

The code says a good procedure requires adequate records, but it does not say how detailed they must be or require notes of every informal chat. Check your own policy.

Can an employee ask to see what their manager wrote about them?

The DPC says a person can make an access request for their personal data under Article 15 of the GDPR, and its controller's guide says that handwritten notes are themselves personal data. There are limits, including protection of other people's data.

How long does the employer have to respond to an access request?

The DPC guide says the maximum period is one calendar month from receipt, extendable by two further months only where necessary, with the requester notified in the first month.

Should I use a template?

A template is a good way to keep notes consistent, but it is our suggestion and not a legal requirement. Make sure it does not stop you recording what the employee actually said.

Do I need to let the employee bring someone?

The code refers to a right to be represented during the procedure, and Citizens Information refers to a right to be represented in disciplinary procedures. For an informal chat, check your own policy and take advice if the matter may become formal.

Fair, specific and shared records protect both the employee and the employer, and are easiest to produce when the process is clear from the first conversation.