A Performance Improvement Plan UK can be an indication that your employer has concerns over your role. Employers will use performance improvement plans for different purposes. While some may try to support you with a well-drafted and constructive performance improvement plan, others may see the document as the first step in the dismissal process.
At Toner Legal, we represent employees facing challenges at work, including in respect of allegations of poor performance or failure to carry out their role satisfactorily.
If you are concerned that your employer does not have legitimate grounds to issue a performance improvement plan (often referred to as a “PIP”) or you feel that it has not been fairly imposed, we can advise you of your rights and take steps to prevent the situation from deteriorating. You are recommended to speak to an employment lawyer as soon as possible before your employer takes any further action. An employer dealing with performance management badly, can give rise to different Employment Tribunal Claims.
Our services for employees include:
- Advice on your rights if you have been issued with a Performance Improvement Plan, sometimes referred to as a Performance Action Plan
- Advice on constructive dismissal if you have been forced to resign
- Negotiating a settlement agreement if your relationship with your employer is at an end
- Representation if you have been unfairly discriminated against in being given a PIP
Advice on your rights if you have been issued with a Performance Improvement Plan UK
While some employers may use PIPs as a way to help employees improve and become more effective in their roles, in some instances, they may be imposed to push an employee out of a business.
If you have been given a PIP, we can go through its terms and advise you of the best course of action.
A PIP should be helpful to an employee and clearly set out the following points:
- Where improvements are needed
- What actions are required from the employee to make these improvements
- What help the employee will be given to reach the required standard, such as mentoring or training
- How improvements will be measured
- When the situation will be reviewed
- What will happen if the employee does not meet the required standard
If your PIP does not provide adequate guidance and support, we will advise you of your options.
We will take into account all of the circumstances surrounding the PIP, for example, whether you believe it has been unfairly issued because of a dispute between you and a colleague or manager.
Advice on constructive dismissal if you have been forced to resign
Resigning during a performance improvement plan UK is common, but it is rarely a good idea, particularly if you have more than 2-years of continuous service as an employee. If you are considering resigning because of your performance improvement plan, you should take advice first. We cover constructive unfair dismissal in more detail on our site (see our Top Tips).
If you feel that the PIP left you no alternative but to resign and it was imposed on you unfairly, you may have a claim of constructive dismissal. We will work with you to establish why the PIP was issued and any reasons why it might be unfair or discriminatory. However, often resigning and claiming constructive unfair dismissal is not the best way forward, as you may be in a good position to negotiate an exit, where you can leave your current role (without being dismissed) with a lump sum that will give you financial security whilst you look for a new job. An unfair performance improvement plan UK is a common segway to enable the parties to reach an agreement and avoid litigation, which can be expensive and lengthy.
Negotiating a settlement agreement if your relationship with your employer is at an end
If the relationship between you and your employer has broken down and you are in agreement that your employment will be terminated, we can represent you in negotiating a settlement agreement. This will generally include a payment to you in return for your agreement not to bring certain legal action against your employer.
We will negotiate robustly on your behalf to secure the best possible terms. The agreement will generally cover issues such as notice pay, holiday pay, compensation, non-disclosure, settlement of claims and provision of a reference for future potential employers. You must have independent legal advice if you are entering into a settlement agreement and your employer will pay towards the costs of this.
Representation if you have been unfairly discriminated against in being given a PIP
If you feel that you have been discriminated against by being given a PIP when others have not, we can advise you of your rights and, where necessary, bring a claim on your behalf.
This could be discrimination on the basis of:
- Age
- Race
- Disability
- Sex
- Sexual orientation
- Gender reassignment
- Marriage or being in a civil partnership
- Pregnancy or being on maternity leave
- Religion or belief
Contact us
If you have been given a PIP and you are concerned about your rights or your employer’s intentions, we will be happy to advise you.