Performance Improvement Plan UK: Employee Rights

What is a performance improvement plan?

A performance improvement plan, often shortened to PIP, is a workplace process used to identify performance concerns, set expectations and review whether improvement is achieved. There is no single statutory PIP form that every employer must use.

Capability concerns are about an employee's ability to do the job. They should be distinguished from misconduct, which concerns behaviour or rule-breaking. An employer may use a separate capability procedure, but the basic principles of fairness in the Acas Code remain relevant.

This guide covers England, Scotland and Wales and is written for employees. It provides general information, not legal advice on whether a particular PIP or dismissal is lawful.

What a fair capability process may include

• Clear examples of the alleged shortfall and the standard expected.
• A reasonable opportunity to respond and correct factual errors.
• Appropriate training, guidance, supervision or coaching.
• Targets that are specific, measurable, relevant and realistically achievable in the review period.
• Regular review meetings and written records of progress.
• A warning about possible consequences and a genuine right of appeal if formal action follows.

Reasonable management or an unfair PIP?

Disability and reasonable adjustments

If a disability affects performance, the employer may need to consider reasonable adjustments before judging capability. The duty depends on the legal test and what the employer knew or should reasonably have known.

• Explain the relevant disadvantage and the adjustment that may help.
• Consider changes to equipment, communication, duties, hours, location, supervision or the way performance is measured.
• Ask for agreed adjustments and review dates to be recorded in writing.
• Keep occupational-health or medical material focused on functional effects and workplace support.

How to respond to a PIP

1. 01

   Ask for the evidence

   Request the examples, measurements, role standards and policy being relied upon.

2. 02

   Correct the record

   Respond calmly to inaccuracies and identify workload, training, system or management factors that affected performance.

3. 03

   Propose workable support

   Suggest specific training, resources, adjustments and review points rather than only objecting to the process.

4. 04

   Keep a dated record

   Retain objectives, work samples, positive feedback, meeting notes and your written responses.

5. 05

   Use the appeal or grievance route where appropriate

   Challenge an outcome through the stated procedure, while checking any external limitation period separately.

Performance improvement plan questions