David Greenhalgh employment lawyer specialises in helping senior executives and employees in responding to allegations of poor performance.
What is a Performance Improvement Plan?
A PIP is a process designed to manage the alleged under-performance of an employee.
Such a plan will typically include:
While some PIPs are legitimate, others are used unfairly — as a pretext for dismissal, retaliation, or to pressure employees into resigning. For example, we have advised clients who are placed on a PIP shortly after them whistleblowing, disclosing a disability or issuing a grievance.
Your Rights
If you’re being put on a PIP, you should be:
If the above standards are not met, you may be able to argue that your employer is acting unfairly or even unlawfully if it decides to fail you on your PIP.
How should you react to being put on a PIP
If you’ve been placed on a Performance Improvement Plan, take the following steps:
Should you sign a PIP you don’t agree with?
It is not advisable to sign a PIP you do not agree with as doing so is likely to indicate your acceptance of the performance allegations i.e. that your performance needs improvement. You do not want to be seen to be consenting to such a PIP which will make it harder to challenge later.
What if your disability is affecting your performance?
If your poor performance is caused or worsened by a disability, the employer must comply with the relevant provisions of the Equality Act 2010 (EqA 2010). Once a disability is identified and disclosed, before any actions are taken – such as issuing a warning or proceeding with dismissal based on poor performance – the employer is required to consider whether reasonable adjustments could be made to support you. These adjustments may include supportive measures that would be appropriate for any underperforming employee, such as offering additional training or enhanced support. The employer may also need to consider adapting the PIP itself to accommodate the disability.
What to do if you are offered a settlement agreement instead of being placed on a PIP?
Some employers may offer a financial exit package as an alternative to placing an employee on a Performance Improvement Plan (PIP). This approach might be taken if the employer doubts that a PIP will result in the necessary performance improvements or if they want the employee out and have threatened the PIP to secure that exit.
If your employer proposes this option and you are open to exploring it, it is strongly recommended that you seek legal advice promptly. This will help you assess whether the offer is fair and provide an opportunity to negotiate more favourable terms if necessary.
How David Can Help
David Greenhalgh provides expert legal support for senior executives and employees facing:
Whether your goal is to stay in your role, challenge the PIP or secure a fair exit package, David can work with you to protect your rights and reputation.
Click here to contact David – top-ranked as a Leading Partner in the Legal 500 2025 (the leading independent guide to the best lawyers in the UK).
This page/article/blog is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
