Reprisal on receiving Survey results feedback

[Trisha Drew]

#97509

Forum: Private

Hello, we have a manager that has displayed unacceptable performance behaviour to the team that reports to them. In general it is communication to staff in what the manager perceives to be a joking manner. The employees do not see it as such and have complained. We have been coaching the manager and now have gone to a 3rd party to provide Leadership Training to the Manager in hopes to help them improve and offer some learning support. This included a 360 feedback survey. Upon the Manager receiving the feedback from that survey, they reached out to one of their team and reprimanded them and noted they were not happy with the results of the survey and intended to punish the team through our year end reviews…among other comments. This is reprisal for thee employees providing feedback. We will initiate an interview with the Manager but I would greatly appreciate your guidance in managing this situation and a best practice moving forward. Thank you.

[Haley O’Halloran]

#97510

Hi! Here are some best practices I recommend to approach this situation:

Immediate Priorities (Risk and Organizational Protection)
A. Protect the employees from further reprisal

The manager’s behaviour—confronting an employee about 360° feedback and threatening punitive action in performance reviews—constitutes retaliation, which is a serious breach of organizational policy, psychological safety obligations, and potentially occupational health and safety laws related to bullying and harassment.

Immediate actions:

Instruct the manager in writing to have no further conversations with employees about the 360° feedback, the survey, or any performance reviews until your investigation is complete.

Temporarily restrict the manager’s decision-making authority related to year-end reviews if feasible.

Remind employees that retaliation is prohibited and that you are addressing the situation confidentially and promptly.

B. Document everything

Keep detailed records of employee complaints, 360 feedback process steps, your coaching efforts, and the recent reprisal incident.

Document how the organization has responded—this shows due diligence.

Conducting the Investigation Interview With the Manager

Your interview will focus on gathering facts and giving the manager an opportunity to respond. Keep the tone neutral and investigative, not disciplinary (yet).

A. Before the meeting

Prepare a factual script of what you know:
e.g., “On [date], you received your 360 feedback results. On [date], you spoke with Employee X. It was reported you said…”

Have policies ready:

-Respectful workplace / anti-harassment
-Performance management
-Retaliation/reprisal policy (if applicable)

B. During the meeting

Use structured questions to assess:

1. Acknowledgment of actions

“Can you walk me through your conversation with Employee X after you received your feedback results?”

2. Intent

“What was your intention behind addressing the 360 feedback with the employee?”

(Intent is not an excuse, but it helps determine sanction, training needs, and whether the behaviour was deliberate.)

3. Awareness of impact

“How do you think the employee may have perceived this conversation?”

This helps assess whether the manager understands psychological safety and power dynamics.

4. Understanding of policy

“Can you explain your understanding of our policies on retaliation, respectful communication, and coaching?”

5. Future behaviour

“If faced with difficult feedback again, what steps will you take to ensure professional conduct and maintain psychological safety?”

C. Provide procedural fairness

Give the manager an opportunity to provide context.

Do not argue or debate; gather facts and evaluate after.

3. Post-Interview Assessment

Based on findings, determine:

A. Severity

Retaliation is considered a serious violation because it:

-Damages trust
-Undermines the feedback process
-Threatens psychological safety
-Can create a toxic climate or constructive dismissal risk

B. Likely outcomes

Depending on severity, history, and intent, outcomes may include:

-Formal disciplinary warning (written)
-Final written warning if behaviour is severe or repeated
-Mandatory structured coaching with clear behavioural expectations
-Restriction of supervisory duties
-Performance improvement plan (PIP)
-Removal from leadership role if improvement is unlikely or employees’ safety is compromised

Best Practices Moving Forward
A. Strengthen and clarify your retaliation policy

Ensure it clearly states:

-Employees can raise concerns or participate in feedback tools without fear.

-Retaliation is strictly prohibited and will result in discipline.

-Managers have a higher standard of accountability.

B. Leadership training must include power dynamics and psychological safety

Managers often think “I was just joking” is a defense. It is not.
Training must cover:

-Impact vs. intent
-Power imbalance
-Trauma-informed communication
-Emotional regulation
-Safe feedback practices

C. Introduce guardrails on performance reviews

At least temporarily, verify all this manager’s year-end reviews through HR before delivery. This:

-Prevents retaliatory ratings

-Protects the organization from claims

-Models accountability

D. Continue coaching and monitoring

Set very clear, measurable expectations:

-No jokes at others’ expense
-No discussing 360° results with staff
-Demonstrate respect in all communications

If expectations are not met, progressive discipline should escalate.

Messages to Employees

You do not share disciplinary decisions, but you can assure them of safety:

“We take your concerns seriously. We are addressing the matter in line with our policies. Retaliation will not be tolerated. If you experience any further issues, please notify HR immediately.”

This keeps them protected without divulging confidential details.

Protect the Integrity of the 360° Process

Make clear to all leaders:

-360 feedback is not a tool for punitive action.
-Leaders must never confront employees about who said what.
-Results should be reviewed with HR or a coach, not staff.

I hope this helps!
-HRInsider Staff

[Trisha Drew]

#97511

Thank you so much, you somehow manage to take the info in my head and place it into a much better format! Your insight is greatly appreciated….I love HR Insider!

[Haley O’Halloran]

#97512

Of course Trisha, anytime! We <3 you too!

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