Facing a performance improvement plan (PIP)? Know your rights

Performance Improvement Plans are legal — but only if the targets are fair, the support is genuine, and the timescale is reasonable. When employers use PIPs as a managed exit rather than a real chance to improve, the dismissal that follows is often unfair.

On a PIP? Understand your rights before you respond

Know your PIP rights

Can I be dismissed at the end of a PIP?

Yes. If your employer concludes you have not met the targets set in the PIP, dismissal for capability is the usual outcome. However, the overall process — including the PIP itself — must have been fair. If it was not, you may have a claim for unfair dismissal.

Do I have to agree to a PIP?

You cannot refuse to engage with a capability management process, but you do not have to agree that the targets or assessment are fair. You should raise any concerns in writing during the process, as this creates a record.

Is a PIP always genuine, or can it be used to force someone out?

A PIP can be used as a managed exit route rather than a genuine performance support tool. Signs include: impossibly high targets, no real support, a very short timescale, or a PIP that follows you raising a grievance. If a PIP is a pretext, the resulting dismissal may be unfair.

Can I raise a grievance during a PIP?

Yes. If you believe the PIP is unfair, targets are unachievable, or you are being treated differently to colleagues, you can raise a formal grievance. This does not stop the PIP process but creates an important paper trail.

What is the time limit to claim unfair dismissal after a PIP?

3 months less one day from your dismissal date. You must also start ACAS Early Conciliation before filing, which can pause the clock.

Performance & Capability

Facing a performance improvement plan (PIP)? Know your rights

Last updated: April 2026

The legal reason — must be genuine, not pretextual

PIP objectives must be reasonable and achievable with support

Service required to claim unfair dismissal for capability

What makes a PIP process legally fair?

Under the Employment Rights Act 1996 and the ACAS Code of Practice on Disciplinary and Grievance Procedures, a fair capability process must include:

Red flags: signs your PIP may be a managed exit

If several of these apply, your dismissal may be unfair and possibly linked to whistleblowing or protected disclosures — claims that carry no compensation cap.

How to protect yourself during a PIP

PIP and dismissal — common questions

On a PIP or just dismissed from one?

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Employment Rights Act 1996

GOV.UK Employment Tribunals