Being put on a performance improvement plan, or PIP, can feel like a blow, especially if you didn't see it coming. Some PIPs are a genuine attempt to help you. Others are the first step in managing you out.

Work out which one you're facing, and respond the right way. That protects your position either way.

PIPs are more common than you might think. Performance management now features in around 1 in 7 of the cases our sister firm Monaco Solicitors sees, up from 1 in 10 in 2024, and as featured in our report on why people seek help at work.

What a PIP is and what it isn't

No law says your employer has to use a PIP. It is simply part of their own procedure for assessing capability or performance.

A fair PIP sets clear, measurable targets, gives you a realistic time to meet them, offers support or training, and includes regular reviews. It is about your performance, not misconduct.

Genuine support, or the first step to managing you out?

In the hands of a good employer, a Performance Improvement Plan is a way of helping you do your job better.

But some disreputable employers use a PIP to build a case for getting rid of you. Watch out for these warning signs:

• The PIP appears out of nowhere after you’ve had good reviews
• it follows a grievance, whistleblowing, a pregnancy, sick leave, a flexible working request or you telling your employer about a health condition
• the PIP targets are vague, keep moving, or can't realistically be met in the time
• no real support is offered to help you meet the PIP requirements
• colleagues aren't held to the same standard
• talk of “parting ways” or a settlement comes up early.

How to respond: a step-by-step plan

1. Stay calm, and don't sign anything you disagree with. You can write “received, not agreed” next to your signature.

2. Get the targets in writing. Insist that they are specific, measurable and achievable in the time allowed.

3. Ask what support you will get. Training, resources or a lighter workload are all reasonable requests.

4. Keep a record. Make notes after every PIP progress meeting, save your emails and keep proof of what you achieve.

5. Put your concerns in writing. Explain the context: staffing gaps, a heavy workload or a health condition.

6. Raise health or disability issues. If a health condition affects your work, your employer may have to make reasonable adjustments.

7. Consider a grievance if the PIP feels unfair or discriminatory.

8. Don't resign in haste. You can resign and claim constructive dismissal, but it is a high bar. Get advice first.

Your rights during a PIP

If a PIP meeting could lead to a formal warning or dismissal, you have a legal right to bring a colleague or trade union representative. Ask too for meeting invitations in writing, your employer’s notes afterwards and reasonable time to prepare.

If your performance has been affected by a disability, pregnancy or another protected characteristic, discrimination law applies from day one, with no minimum length of service.

Treating you unfavourably for something arising from a disability, or failing to make reasonable adjustments, can be unlawful even in the middle of a PIP.

What happens at the end of a PIP

If you meet the targets, get that confirmed in writing. If you don't, your employer may extend the plan, give you a formal written warning and, eventually, dismiss you for capability.

Even then, your dismissal must follow a fair process. If it was before 1st January 2027 and you have two years' service, you can challenge an unfair dismissal. From 1st January 2027 that qualifying period reduces to six months.

In practice, a PIP is often where exit conversations begin. You don't have to wait to be dismissed: many people negotiate a fair payment and an agreed reference through a settlement agreement.

How Grapple Law can help

Grapple Law helps you respond to a PIP in writing, challenge unrealistic targets, raise a grievance and, where it makes sense, negotiate a better exit.

It's free to start. If you want guidance, or legal letters written on your behalf, that comes at a fraction of the cost of a traditional solicitor.

GET STARTED

Frequently asked questions

Can I refuse a PIP?

Refusing outright usually backfires. Better to engage, and put your concerns on record.

Can I be dismissed while on a PIP?

It is possible, but a fair process normally lets the plan run its course first.

Will a PIP show up on my reference?

References must be fair and accurate. An agreed reference is often part of a negotiated exit.

What if I'm signed off sick during a PIP?

Your employer should usually pause the plan, and when you return, the targets should take account of your absence and any health condition.

Find out more

• Disability discrimination at work
• Constructive dismissal
• Settlement agreements explained