Performance Improvement Plan UK 2025: Employee Rights, Dismissal Rules & Legal Protection Guide

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A Performance Improvement Plan (PIP) is one of the most sensitive HR processes in UK employment law. If handled incorrectly, it can lead to claims of unfair dismissal, discrimination, or breach of contract. This guide explains the legal requirements, employee rights, evidence standards, timelines and best-practice steps employers must follow before placing someone on a PIP. It also includes a free interactive PIP compliance checklist and downloadable PDF to help you get the process right every time.

How a UK Performance Improvement Plan Works (Full Explanation)

Quick Answer: A PIP works by identifying performance gaps, setting measurable objectives, providing support, and reviewing progress over a set timeframe (usually 4–12 weeks). It is a structured capability process, and every stage must follow UK employment law to remain fair and lawful.

Under UK employment law (as covered in our complete Employment Documents Guide), a PIP is not technically a disciplinary action but rather a capability procedure. However, the distinction matters significantly for your legal protections.

A Performance Improvement Plan typically includes several key components. First, it documents the specific areas where your performance is considered to fall short of expected standards, usually with concrete examples. Second, it sets clear, measurable goals you must achieve by defined review dates. Third, it outlines the support your employer will provide — such as training, mentoring, or additional resources. Finally, it specifies what will happen if you don’t meet the targets, which may include demotion, role change, or dismissal.

Important distinction: According to the ACAS Code of Practice and UK employment law, employers should only implement a PIP after informal attempts to improve performance have failed. This means your employer should have had previous conversations with you about performance concerns before putting a formal PIP in place.

According to research cited by employment experts, approximately 80% of employees report never receiving a copy of their employer’s PIP procedure beforehand — a significant breach of fair process that could strengthen any later unfair dismissal claim.

How Does a Performance Improvement Plan Work?

How long does a PIP last in the UK?

The typical Performance Improvement Plan lasts between 4–8 weeks for most roles. Some employers run a full 12 week PIP if the role is highly technical or the targets require longer to measure. ACAS expects that the timeframe must be reasonable — the shorter the PIP, the stronger your argument that the employer didn’t give you a fair chance to improve.

Quick Answer: A PIP works through a structured process: your employer identifies performance gaps, meets with you to discuss concerns, creates a written plan with specific goals and timelines, provides support, monitors progress through regular check-ins (typically weekly), and then reviews whether you’ve met the targets at the end of the period.

The practical mechanics of a PIP typically follow this timeline:

Week 1: Initial Meeting — Your employer will meet with you (often with HR present) to formally present the PIP. They should explain why they believe your performance is not meeting standards, provide concrete examples, and outline the specific goals you need to achieve. Crucially, they must inform you of your right to be accompanied by a colleague or trade union representative, as required under the ACAS Code of Practice.

Weeks 2-8 (or as specified): Improvement Period — This is the active phase where you’re expected to meet the goals outlined. Your employer should provide agreed support — such as additional training, mentoring from a senior colleague, or access to specific resources. Regular check-ins (often weekly or fortnightly) allow your manager to discuss progress, address challenges, and adjust support if needed.

Documentation During the PIP — Your employer must keep detailed records of your performance throughout the period. This includes noting specific examples of improved performance or continued underperformance, feedback from your manager, and any support provided. These records are critical because they’ll form the basis of the final decision and could be used in an unfair dismissal claim if needed.

End-of-Period Review Meeting — At the agreed end date, your employer will conduct a formal meeting to assess whether you’ve achieved the goals. Possible outcomes include: you’ve met all targets (PIP ends, you return to normal performance management), you’ve partially met targets (PIP may be extended), or you haven’t met targets (which may trigger dismissal or other action).

A critical aspect often overlooked: according to employment law specialists, the manner in which your employer conducts this process — whether they followed their own procedures, whether they provided adequate support, and whether they acted reasonably — will be heavily scrutinised if you later claim unfair dismissal.

Can a PIP Lead to Dismissal?

Quick Answer: Yes, a PIP can lead to dismissal. If you fail to meet the agreed performance targets, your employer can legally dismiss you on grounds of capability under section 98(3) of the Employment Rights Act 1996 — provided they’ve followed a fair procedure and the dismissal falls within the “range of reasonable responses.”

This is perhaps the most critical question employees ask, and understanding the legal framework here is essential for protecting your position.

The Legal Test for Dismissal on Capability Grounds

Under UK employment law, an employer can dismiss you for capability reasons (which includes performance issues) if they can demonstrate: (1) there was a genuine performance issue that warranted the PIP in the first place, (2) they followed a fair procedure (including the PIP process), and (3) the dismissal was within the “range of reasonable responses” an employer might take in those circumstances (the test established in British Home Stores v Burchell).

What this means in practice: even if you’re dismissed after a PIP, you could still win an unfair dismissal claim if your employer didn’t follow proper procedure, didn’t provide adequate support, or acted unreasonably in reaching their decision. This is why the process matters as much as the outcome.

Failed PIP Statistics

Employment law research indicates that approximately 70-80% of employees who are placed on a PIP ultimately either fail the PIP or are dismissed within 12 months. However, this statistic alone is not determinative of whether your dismissal would be unfair — each case depends on the specific circumstances and whether proper procedures were followed.

Your Procedural Protections

Even if you fail to meet PIP targets, your employer cannot simply dismiss you without proper procedure. They must:

Hold a formal disciplinary/capability hearing where you can present your case, be accompanied by a representative, and challenge any findings. Consider any mitigating circumstances (such as health issues, inadequate training, or lack of resources). Allow you to appeal the dismissal decision. Ensure the decision falls within reasonable responses — this means they can’t dismiss you if another reasonable employer in similar circumstances might have taken a different approach.

Expert Insight: According to employment solicitors specialising in PIP cases, a significant proportion of “failed” PIP dismissals are overturned or settled because employers failed to follow proper procedure or didn’t provide adequate support. This is why documentation of everything discussed and agreed during the PIP is crucial for your protection.

Now that you understand how a PIP works and dismissal risks, it’s crucial to know your next steps if you’re already on a PIP. Our comprehensive guide covers everything from requesting fair procedures to protecting your evidence.

Should I Quit If I Was Put on a PIP?

Quick Answer: You should not automatically quit when placed on a PIP. Quitting may affect your ability to claim certain benefits and removes your opportunity to challenge an unfair dismissal later. Instead, carefully assess your situation, document everything, and seek legal advice before making any decisions.

This is an emotionally charged decision, and many employees put on a PIP feel they should resign immediately. However, doing so has significant legal and financial consequences you should understand first.

The Consequences of Resigning During a PIP

If you resign while on a PIP, you generally cannot later claim unfair dismissal because you chose to end your employment. You may also lose your right to claim constructive dismissal (being forced to resign due to the employer’s breach of contract) unless you can demonstrate the PIP was so unfair or the working environment so intolerable that it breached the implied term of mutual trust and confidence.

Additionally, resigning may affect your eligibility for certain statutory protections and benefits. If the PIP was motivated by discrimination (e.g., related to pregnancy, disability, protected characteristics), you could still bring a discrimination claim, but resigning does complicate matters.

When Resigning Might Be Justified

Resigning could be appropriate if: you can demonstrate constructive dismissal (the PIP was applied so unfairly it was a fundamental breach of your employment contract), the working environment has become genuinely intolerable due to the PIP process, or you have a strong legal case for discrimination and have been advised to resign by a solicitor as part of a settlement negotiation.

Alternative: Challenging the PIP Process

Before considering resignation, explore these options: raise a formal grievance against the PIP if you believe it’s unfair or unjustified, request copies of all documentation relating to your performance (including 1-2-1 notes, emails, and meeting minutes) under your Subject Access Rights, challenge specific claims in writing via email to your employer, or seek legal advice from an employment solicitor about your position.

The strategic advantage of staying is that it preserves your legal options. If you’re later dismissed unfairly, you can claim compensation. If you resign, that door closes.

Is a PIP at Work Serious?

Quick Answer: Yes, a PIP is very serious and should be treated as such. It signals your employer has formal concerns about your capability and represents a significant step in the dismissal process. However, it’s not an automatic death sentence — many employees successfully complete PIPs and return to normal employment.

The reality of a PIP is more nuanced than the “you’re definitely getting fired” narrative many employees hear from colleagues. Understanding the seriousness while maintaining perspective is important.

Why a PIP Is Serious

A PIP indicates your employer has moved from informal performance management to formal capability procedures. This is a documented, escalated process. It creates a formal record in your employment file. It typically signals your employer believes there’s a significant performance gap. If you fail the PIP, dismissal is likely to follow (though not guaranteed). It affects your working relationships and may impact morale and stress levels.

Additionally, once you’re formally on a PIP, your employer is actively documenting everything you do. Every task completed, every mistake made, and every achievement (or lack thereof) is being recorded as evidence for the final review meeting. This creates pressure and, for many employees, anxiety about job security.

But It’s Not Always a Predetermined Outcome

The counter-perspective: some PIPs genuinely are supportive tools where employees struggle due to unclear expectations, inadequate training, or external circumstances. With proper support and clear focus, many employees do successfully complete their PIP and continue employment. Success depends heavily on whether your employer is genuinely trying to help you improve or whether they’ve already decided to remove you.

Employment law research suggests that approximately 30-40% of employees placed on a PIP either complete it successfully or reach a negotiated settlement that keeps them employed (albeit sometimes in a reduced role or with other adjustments).

Red Flags That Suggest the PIP Is Serious (Dismissal Likely)

Your manager or HR has already hinted at redundancy or role changes. The goals in the PIP are vague or seem impossible to achieve. Your employer isn’t actually providing the promised support or training. You notice your manager documenting every minor error or taking things out of context. Your access to certain systems, information, or opportunities has been restricted. You’re being excluded from team meetings, projects, or social interactions.

Positive Signs That the PIP Might Be Genuinely Supportive

The goals are specific, measurable, and achievable with effort and support. Your employer is providing genuine training, mentoring, or resources. Your manager is having constructive one-to-one meetings and listening to challenges you’re facing. There are concrete examples of feedback you’ve received before (showing this wasn’t sprung on you suddenly). Your employer is adjusting the plan if circumstances change or barriers emerge.

What Are Your Employee Rights on a Performance Improvement Plan?

Even while on a PIP, your fundamental employment rights remain unchanged. Understanding these protections is critical.

Right to Fair Procedure

Your employer must follow the ACAS Code of Practice on Disciplinary and Grievances Procedures. This means clear communication about performance concerns, an opportunity to meet and discuss the issue, consideration of your perspective, and a fair decision-making process. Any breach of this can strengthen an unfair dismissal claim.

Right to Be Accompanied

You have the statutory right (under section 10 of the Employment Relations Act 1999) to be accompanied by a colleague or trade union representative at formal meetings relating to your performance or the PIP process. Your employer cannot refuse this right. The companion can participate in discussions and provide support, though they cannot answer questions on your behalf.

Right to Access Your Records

You can submit a Subject Access Request under Data Protection Act 2018 to access all records your employer holds about you, including performance notes, emails, meeting minutes, and assessments made during the PIP. This is often revealing — many managers haven’t documented concerns before the PIP was announced, which suggests the PIP wasn’t properly preceded by informal discussions.

Protection Against Discrimination

Your employer cannot use the PIP process as a pretext for discrimination based on protected characteristics (age, disability, gender, race, religion, sexual orientation, etc.). If you’re disabled, you have the right to reasonable adjustments during the PIP period. If you’re pregnant, you have enhanced protections and your employer must conduct a specific risk assessment.

Right to Appeal

After the PIP review decision, you have the right to appeal if you believe the decision was unfair. This should be a genuine appeal to a different person in the organisation (ideally someone senior to the original decision-maker).

Right to Raise a Grievance

You can raise a formal grievance about how the PIP is being handled — for example, if you believe it’s unfair, discriminatory, or not being implemented as agreed. This should be done in writing and your employer must investigate properly.

Protection Against Victimisation

Your employer cannot treat you detrimentally because you’ve exercised legal rights — for example, requesting to be accompanied by a representative, raising a grievance, or requesting copies of records. Any such treatment could constitute victimisation.

Can You Claim Unfair Dismissal If Dismissed After a PIP?

Quick Answer: Yes, you can claim unfair dismissal even if dismissed after a PIP, provided: you’ve worked for your employer for at least 2 years, you can demonstrate the dismissal was unfair (either procedurally or substantively), and you submit your claim to the Employment Tribunal within 3 months of your dismissal date.

This is critical: a PIP does not automatically make a subsequent dismissal fair. Many employees believe that if they fail a PIP, they have no recourse — this is incorrect.

Grounds for Claiming Unfair Dismissal After a PIP

Procedural Unfairness: Your employer didn’t follow the ACAS Code of Practice. Examples include: not holding a formal meeting before the PIP was implemented, not giving you adequate opportunity to respond to allegations, dismissing you without a formal hearing, not allowing you to be accompanied by a representative, not giving you a proper appeal.

Substantive Unfairness: The dismissal falls outside the range of reasonable responses. Examples include: the performance concerns were not genuine (e.g., the real reason was discrimination), the PIP targets were unreasonable or impossible to achieve, your employer didn’t provide the promised support, the PIP period was too short for meaningful improvement, another reasonable employer would not have dismissed in these circumstances.

Inadmissible Reason: The real reason for dismissal was something other than performance — discrimination, whistleblowing, asserting a legal right (like requesting to be accompanied), exercising family-friendly rights, etc. Dismissal for these reasons is automatically unfair.

What You Need to Prove

To succeed in an unfair dismissal claim following a PIP, you’ll need evidence including: copies of all PIP documentation and correspondence, notes from all meetings (your own contemporaneous notes are valuable), evidence of support (or lack thereof) provided during the PIP, emails and communications showing how you were treated, records of performance prior to the PIP (showing whether concerns were gradual or sudden), evidence that other employees in similar situations were treated more favourably, witness statements from colleagues about the PIP process or your performance.

Remedies Available

If you win an unfair dismissal claim, the Employment Tribunal can order: reinstatement (your old job back), re-engagement (a similar job), or compensation. Compensation typically includes your lost wages from dismissal to the tribunal date, plus a sum for loss of statutory rights and injury to feelings.

Expert Insight: Employment law specialists report that a significant proportion of PIP-related dismissals they defend are either settled or awarded compensation because the employer failed to follow proper procedure or the PIP targets were unreasonable. The key is having detailed evidence of the process and the support (or lack thereof) provided.

If you’ve read this far, you’re already ahead of 95% of UK employees understanding PIP rights and procedures. The final step is getting the documentation right if you’re currently in a PIP situation — and that’s where our legal templates and compliance guides make all the difference. Our £50 Employment HR Pack includes everything you need to manage performance procedures fairly and protect yourself against legal claims.

Frequently Asked Questions: Performance Improvement Plans UK

What happens if I don’t sign the PIP?

Not signing the PIP does not prevent your employer from implementing it. However, not signing does preserve your position that you don’t agree with the allegations or the plan. Your employer may note your refusal to sign and implement the PIP anyway. The key point: not signing doesn’t invalidate the process, but it does create a documentary record of your disagreement, which could be useful in an unfair dismissal claim.

Can my employer extend the PIP if I haven’t met targets?

Yes, employers commonly extend PIPs if progress is being made but targets haven’t yet been fully achieved. However, extensions should be reasonable — typically not more than one additional period of similar length. If your employer is continuously extending the PIP without genuine progress or without giving you adequate support, this could be evidence of unfair treatment and strengthen a claim against them.

What if I believe the PIP is discriminatory?

If you believe the PIP is being used as a pretext for discrimination (related to disability, pregnancy, age, race, religion, sexual orientation, etc.), you should: raise a formal grievance in writing immediately, request all documentation relating to how similarly situated employees have been treated, seek legal advice promptly (you have only 3 months to bring a discrimination claim after dismissal), and maintain detailed records of any treatment that feels discriminatory.

Can my employer require me to sign a confidentiality clause about the PIP?

Your employer can request that you don’t discuss the PIP publicly or share sensitive information, but they cannot prevent you from discussing the PIP with a lawyer, your union representative, or close family members. Overly broad confidentiality clauses may be unenforceable. You also retain the right to make protected disclosures (whistleblowing) if the performance concerns relate to illegal activity.

What if my employer doesn’t follow their own PIP procedure?

If your employer has their own PIP procedure (often found in the staff handbook or contract) and doesn’t follow it, this is a procedural breach that could make a subsequent dismissal unfair. The ACAS Code is the minimum standard, but employers can impose higher standards on themselves. Documented failure to follow their own procedure is strong evidence in an unfair dismissal claim.

Can I be on a PIP while also undergoing a disciplinary process?

Yes, though this is unusual. An employer might run both processes if there’s both a performance issue and a conduct issue. However, running both simultaneously creates procedural complexity and potential for arguments about fair treatment. If this happens to you, ensure you understand which meeting relates to which process and that separate decisions are made for each.

What records should I keep during a PIP?

Keep copies of: all PIP documentation and updates, notes from your own contemporaneous attendance at every meeting (date, time, who attended, what was discussed, what was agreed), emails and messages about your performance or the PIP, evidence of work completed successfully, positive feedback or achievements during the PIP period, evidence of support or training provided, and any written responses you submit about performance concerns.

How long does a PIP last in the UK?

Most Performance Improvement Plans in the UK run between 4–8 weeks. Some employers run 12 week PIPs where the job role or targets require longer to measure improvement. ACAS expects the timeframe to be reasonable based on the job — too short a timeframe can support an argument that the employer didn’t give a fair chance to improve.

How does disability affect a PIP?

If you’re disabled, your employer must make reasonable adjustments to accommodate your disability during the PIP period. For example, if you have dyslexia, they might extend the PIP timeline or provide additional training. If you have a health condition affecting performance, your employer should explore whether adjustments could help. Failing to make reasonable adjustments is disability discrimination. Ensure any disabilities are disclosed to your employer in writing.

What is the difference between a PIP and a disciplinary process?

A disciplinary process addresses conduct issues (what you did wrong), while a capability/PIP process addresses performance issues (you’re not capable of meeting the required standard). However, the procedural protections and fair treatment requirements are similar. Some employers conflate the two, which can be problematic. Ensure you understand which process applies to your situation.

Can I appeal after the PIP review decision?

Yes, you have the right to appeal the outcome of a PIP review decision. The appeal should be to a senior manager who wasn’t involved in the original decision. An appeal is a genuine reconsideration, not just a rubber-stamping of the original decision. Document any new evidence supporting your appeal and submit it in writing before the appeal meeting.

If you haven’t already, grab the free Performance Improvement Plan Compliance Checklist (listed under Employment Documents on our Free Templates page) — it pairs perfectly with these FAQs and gives you a complete framework for documenting your PIP process and protecting your legal position.

Summary: Your Complete PIP Protection Strategy

You’ve now learned that a Performance Improvement Plan is a serious formal process, but it’s far from an automatic dismissal. The key to protecting yourself is understanding that employers must follow fair procedures, provide adequate support, and act reasonably. Many dismissed employees successfully challenge unfair dismissal claims because their employers cut procedural corners or failed to give genuine support.

Your strongest protection is documentation. Keep records of everything: meetings, emails, completed work, support provided (or not provided), and anything that suggests unfair treatment. If you’re on a PIP now, request to be accompanied by a representative, make a Subject Access Request for your records, and don’t hesitate to raise a grievance if the process feels unfair.

The law recognises that dismissal is a serious step, and even if you don’t fully meet a PIP’s targets, you may still have grounds to claim unfair dismissal if your employer didn’t follow proper procedure or acted unreasonably in reaching their decision.

Your next step: If you’re currently in a PIP situation or facing employment issues, our complete Employment Documents Guide covers everything from capability procedures to unfair dismissal protection. For employers needing to implement fair PIP processes, our 12-document HR Employment Pack (£50) includes compliant PIP templates, capability procedure templates, and full guidance on avoiding legal challenges.

The Truth About “Free” Legal Template Sites (What You’re Really Signing Up For)

Most websites offering a “free legal template” follow the same pattern:

• You click because it’s advertised as free
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This isn’t a free template — it’s a subscription funnel. Many people only realise after being charged £300–£400 over the year.

Why These “Free” Templates Are a Legal Risk

• Outdated wording: not aligned with current UK law
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One incorrect clause can weaken or invalidate the entire document.

Hidden Problem: Many “Free Template” Sites Aren’t Even UK-Based

Another major issue is that many free or auto-subscription template sites operate outside the UK and use documents originally drafted for the US legal system. These are then loosely adapted for “international use,” which creates serious problems:

• Incorrect terminology: taken from US contract law
• Missing UK statutory references: essential legal requirements omitted
• Non-applicable clauses: terms that don’t apply under UK legislation
• Legal conflicts: risks breaching UK consumer, employment, or GDPR rules

This is one of the most common reasons UK businesses face disputes or regulatory issues when using generic US-style templates.

Why Templates UK Does the Opposite

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If your situation is complex or you want personalised guidance, you can also book a consultation with our UK legal experts here: Book a Consultation.

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Last updated: November 2025

Disclaimer: This guide provides general UK legal information, not legal advice. Laws are current as of November 2025.