How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to:
✅ Three Ways to Use This Tool
1. Create PIPs with confidence: Ensure your new PIP covers all 52 legal compliance points
2. Audit existing PIPs: Review PIPs you've already issued to identify any gaps
3. Ensure dismissal fairness: Verify you've followed fair procedure before any employment termination
⚠️ Understanding Importance Levels
🔴 Critical: Must have - omission creates serious legal risk and unfair dismissal claims
🟡 Important: Should have - recommended for strong procedural protection
🔵 Recommended: Best practice - enhances fairness and demonstrates good faith
PIP Not Used as Disguised Dismissal
PIP must be genuine improvement opportunity, not predetermined path to dismissal. Requires fair objectives and meaningful support provided.
🔴 Critical
Prior Informal Feedback Given
Employee must have received previous informal discussions/warnings before formal PIP. PIP should not be first time performance issue is raised.
🔴 Critical
Written Notice of PIP
Formal written PIP document provided to employee. Must be clear, detailed, and set out all objectives, support, and review process.
🔴 Critical
Reasonable Time to Respond
Employee given adequate time to read and understand PIP before it begins. Minimum 3-5 working days to review and ask questions.
🔴 Critical
Right to Representation at Meetings
Employee has right to be accompanied by colleague or union rep at all formal PIP meetings (Employment Rights Act 1999).
🔴 Critical
Reasonable Adjustments (if applicable)
If employee has disability, employer must make reasonable adjustments to PIP (Equality Act 2010). E.g., modified objectives, longer timescales, additional support.
🔴 Critical
No Discrimination in PIP Decision
PIP decision not influenced by protected characteristics (age, sex, race, disability, religion, etc). Document legitimate performance reasons.
🔴 Critical
Written Launch Meeting Held
Formal meeting held to launch PIP. Employee informed of objectives, support available, review schedule, and consequences. Meeting notes taken and shared.
🟡 Important
⚠️ Why PIP Duration Matters
PIPs that are too short (1-2 weeks) suggest setup to fail. PIPs that drag on too long (6+ months) lose effectiveness. Standard UK practice: 30-90 days depending on role complexity and objectives. More senior roles or complex objectives may justify longer PIPs.
Duration Stated Clearly
PIP specifies exact duration: start date and end date clearly stated. Typical: 30, 60, or 90 days depending on objectives and role.
🔴 Critical
Duration is Reasonable
Duration appropriate for objectives and role complexity. Junior role/simple objectives: 30 days sufficient. Senior role/complex objectives: 60-90 days more appropriate.
🔴 Critical
Review Points Scheduled
Regular review meetings scheduled in advance throughout PIP period. Typically: weekly for 30-day PIP, fortnightly for 60-90 day PIP. Dates and times confirmed.
🔴 Critical
Extension Policy Stated
PIP states circumstances when extension may be granted: employee illness, major business disruption, need for more time to demonstrate improvement. Extension not used to constantly move goalposts.
🟡 Important
Final Review Date Set
Date of final review meeting set in advance. This is when manager will assess whether objectives met and decide on outcome (PIP successful, extended, or failed).
🔴 Critical
Absence/Holiday Impact Addressed
PIP states how absences will be handled. Typically: PIP paused during sickness absence (capability issue may require medical input), pre-booked holidays accommodated, duration extended if significant time lost.
🔵 Recommended
⚠️ SMART Objectives are Critical
Vague objectives ("improve performance", "do better") make PIPs unenforceable. Each objective must be Specific, Measurable, Achievable, Relevant, and Time-Bound. Without SMART objectives, you cannot objectively assess whether PIP is met, creating unfair dismissal risk.
Each Objective is Specific
Objective clearly defines what success looks like. Not vague ("do better") but precise ("complete 95% of audits to standard within 3 days").
🔴 Critical
Each Objective is Measurable
Objective has quantifiable success criteria. Sales figures, error rates, attendance %, timescales. You must be able to objectively assess if met.
🔴 Critical
Each Objective is Achievable
Target is realistic given employee's skills, experience, and role. Unreasonable targets (that nobody could meet) render PIP unfair and indefensible.
🔴 Critical
Each Objective is Relevant
Objective directly addresses the performance gap identified. Irrelevant objectives undermine credibility and could show PIP is pretext for dismissal.
🔴 Critical
Each Objective is Time-Bound
Clear deadline for achievement (usually end of PIP period). Interim milestones for longer PIPs. Time-bound targets prevent goal-post moving.
🔴 Critical
Success Criteria Clearly Defined
For each objective, state exactly what "success" looks like. What standard must be met? At what point will objective be considered achieved?
🔴 Critical
Number of Objectives Reasonable
Typically 3-5 key objectives for 60-day PIP. Too many (10+) suggests setup to fail. Too few may not address performance gaps adequately.
🟡 Important
Objectives Discussed with Employee
Employee given opportunity to discuss, ask questions, and challenge objectives during PIP launch meeting. Input helps ensure fairness and achievability.
🟡 Important
Objectives Linked to Role/Job Description
Each objective relates to core responsibilities in job description or previously communicated expectations. Objectives can't introduce entirely new duties not in role.
🔵 Recommended
⚡
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✅ The Fairness Test
A fair PIP provides genuine support to help employee succeed. Without adequate training, coaching, tools, or resources, you're not giving them a fair chance. The support section is crucial evidence the PIP is improvement-focused, not dismissal-focused.
Specific Support Measures Identified
List all training, coaching, mentoring, tools, and resources provided. Be specific: "training course X", "weekly 1-to-1 with Y", "access to software Z".
🔴 Critical
Training/Coaching Scheduled
Training and coaching scheduled in advance with confirmed dates/times. "Training available if needed" is insufficient - must commit to specific provision.
🟡 Important
Manager/Mentor Support Assigned
Named manager, coach, or mentor assigned to support employee. Frequency of contact specified (e.g., weekly 1-to-1s). Regular contact ensures employee feels supported.
🔴 Critical
Resources/Tools Provided
Employee has access to all resources needed to meet objectives: software, equipment, reference materials, time allocation. Document what's provided and when.
🔴 Critical
Workload Adjustments (if needed)
If PIP objectives require focused effort, consider temporary workload reduction or reallocation to allow employee time to improve and attend training/coaching.
🔵 Recommended
Examples/Benchmarks Shared
Employee shown examples of expected standard: good work samples, templates, benchmarks from peers. Helps clarify what success looks like in practical terms.
🔵 Recommended
Support Measures Actually Delivered
Promised support must be provided. If training cancelled, coaching doesn't happen, or resources unavailable, document and reschedule. Failure to deliver support undermines PIP validity.
🔴 Critical
Employee Can Request Additional Support
PIP states employee can request additional reasonable support during PIP period. Employer should consider requests in good faith and provide if practicable.
🔵 Recommended
Regular Review Meetings Scheduled
Review meetings scheduled throughout PIP period. Frequency depends on duration: weekly for 30-day PIP, fortnightly for 60-90 day PIP. Dates set in advance.
🔴 Critical
Progress Tracked Against Each Objective
At each review, assess progress on each objective individually. Use measurable data where possible. Provide specific feedback on what's improving and what needs more work.
🔴 Critical
Written Notes/Minutes Taken
Each review meeting documented in writing: date, attendees, progress discussed, feedback given, support offered, next steps. Notes shared with employee. Essential evidence for tribunal.
🔴 Critical
Employee Given Opportunity to Comment
At each review, employee can share their perspective, raise concerns about objectives/support, and ask questions. Their input documented in meeting notes.
🟡 Important
Positive Progress Acknowledged
If employee making improvements, acknowledge this in reviews. Shows PIP is genuine improvement process. If no improvement, document specific examples and concerns.
🔵 Recommended
⚠️ Discrimination Risk
PIPs can create discrimination claims if they disadvantage someone due to protected characteristic (age, disability, sex, race, pregnancy, religion, etc). Be especially careful with: pregnant employees (pregnancy discrimination risk), employees with disabilities (failure to adjust), employees who raised grievances (victimization), long-serving employees near retirement (age discrimination). Always document legitimate, non-discriminatory reasons for PIP.
Reasonable Adjustments for Disability
If employee disabled, employer must make reasonable adjustments to PIP: modified objectives, extended timescales, additional support, assistive technology. Obtain occupational health advice. Document adjustments made.
🔴 Critical
Not Related to Pregnancy/Maternity
Never issue PIP to pregnant employee or new mother if performance issues related to pregnancy/maternity. Pregnancy discrimination is automatically unfair. If genuine capability concerns exist, seek legal advice first.
🔴 Critical
Not Retaliation for Grievance/Whistleblowing
If employee recently raised grievance or blew whistle, be especially careful. Issuing PIP shortly after could be victimization. Document that performance concerns existed before grievance and are unrelated.
🔴 Critical
Consistent Treatment Across Protected Groups
Ensure PIPs applied consistently regardless of protected characteristics. If similar performance issues in others haven't resulted in PIP, document why this case is different (role, impact, previous warnings, etc).
🟡 Important
⚠️ Fair Assessment at PIP End
At end of PIP, employer must objectively assess whether objectives met. Three possible outcomes: (1) PIP successful - employee met objectives, returned to normal performance management; (2) Partial improvement - PIP extended to allow more time; (3) PIP failed - objectives not met, may lead to dismissal. Decision must be based on evidence, not predetermined.
Final Review Meeting Held
Formal final review meeting held on or shortly after PIP end date. Manager assesses whether each objective met. Employee can present their case. Meeting notes taken.
🔴 Critical
Objective Assessment of Each Goal
Each objective assessed individually against success criteria. Use measurable data. Document whether met, partially met, or not met. Overall conclusion: pass, needs extension, or fail.
🔴 Critical
Written Outcome Letter
Formal letter issued after final review stating: PIP outcome, evidence assessed, whether each objective met, next steps (return to normal management, extension, or disciplinary process), right to appeal if dismissal contemplated.
🔴 Critical
If PIP Failed, Fair Procedure Before Dismissal
Failed PIP doesn't automatically mean dismissal. Must still follow fair dismissal procedure: consider alternatives (further support, role change, demotion), hold formal capability hearing, allow representation, consider mitigation, offer appeal. Dismissal is final resort.
🔴 Critical
If PIP Successful, Confirmation Given
If PIP successful, formally confirm in writing: objectives met, return to normal performance management, congratulate employee, confirm no ongoing PIP restrictions. Builds good faith and shows PIP was genuine.
🔵 Recommended
All PIP Documents Retained
Keep copies of: PIP document, launch meeting notes, all review meeting notes, supporting evidence (performance data), outcome letter. Essential for defending tribunal claims. Store securely per GDPR.
🔴 Critical
Personnel File Retention
All PIP documents retained on personnel file for minimum 6 years. Needed if employee brings tribunal claim (3-year time limit, plus time to prepare).
🟡 Important
Don't Issue PIP Without Prior Warning
PIP must not be first time employee hears about performance issues. Issues must be previously communicated informally. Surprise PIPs fail fairness test.
🔴 Critical
Don't Set Unrealistic Targets
Objectives must be achievable. Setting impossible targets (no one could meet them) looks like setup to fail. Undermines credibility and PIP validity.
🔴 Critical
Don't Provide Inadequate Support
Promise of support that isn't delivered = unfair PIP. If training not provided, coaching cancelled, or promised resources unavailable, PIP fails fairness test.
🔴 Critical
Don't Skip or Cancel Reviews
Missing scheduled review meetings suggests PIP isn't genuine. Reviews are vital for feedback and demonstrating support. Document cancellations and reasons.
🟡 Important
Don't Use PIP as Disguised Disciplinary
PIPs address performance/capability gaps. If issue is gross misconduct (theft, violence, sexual harassment), use disciplinary process directly, not PIP.
🟡 Important
⚡
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Next Steps
Now that you've reviewed the 52 compliance points, you have three options:
✅ Use Our Ready-Made Template (Recommended)
Save hours of legal work and ensure zero compliance gaps. Our professionally-drafted Performance Improvement Plan covers all 52 compliance points with legally-sound wording. Available in both Interview Mode (guided Q&A) and Editor Mode (direct editing) for just £10. Both versions in Word & PDF.
📝 Draft Your Own PIP
Use this checklist as a template, but remember: getting the legal and procedural wording right is complex. Missing compliance points, vague objectives, or inadequate support create unfair dismissal risk. One missed item can make your PIP undefensible in tribunal.
⚖️ Book a Legal Consultation
For complex situations, high-value roles, or cases with potential discrimination/whistleblower concerns, book a consultation with our legal professionals. Get tailored advice for your specific situation and ensure your PIP is bulletproof.
Need personalised legal advice? Book a consultation →