Being told that you are being placed on a Capability Procedure or Performance Improvement Plan (PIP) can be unsettling. Many employees immediately fear that dismissal is inevitable or that the decision has already been made. In reality, that is not always the case.
What can you do and how should you respond?
Understand Why
The first step is to understand exactly why your employer believes your performance is not meeting expectations.
You should ask for clarity on:
- The specific concerns about your performance.
- Examples of where expectations have not been met.
- The standards or objectives you are expected to achieve.
- How your performance has been measured.
- Why these concerns are only now being raised, if they have not previously been discussed.
Engage Positively
One of the biggest mistakes employees make is disengaging from the process.
It is understandable to feel disappointed or frustrated, particularly if you believe the concerns are unfair. However, refusing to attend meetings, failing to participate or becoming confrontational rarely improves the situation.
Instead:
- Attend all meetings.
- Prepare in advance.
- Answer questions honestly.
- Ask for clarification where necessary.
Be Honest About Any Underlying Issues
Performance problems are not always caused by lack of ability.
Sometimes there are underlying reasons, including:
- Excessive workload.
- Inadequate training.
- Poor management.
- Changes to the role.
- Personal difficulties.
- Stress or burnout.
- Physical or mental health conditions.
If any of these factors are affecting your performance, explain this to your employer as early as possible.
Ask For Support
Capability procedures should not simply identify problems—they should provide support to help address them.
Depending on the circumstances, you may reasonably ask for:
- Additional training.
- Refresher coaching.
- Regular supervision.
- Mentoring.
- Clear written objectives.
- Reasonable timescales.
- Additional resources.
If support is requested but refused, keep a written record of that decision.
Keep Your Own Records
Employees often rely entirely on their employer’s records. That can be a mistake.
Keep copies of:
- Meeting invitations.
- Performance reviews.
- Emails.
- Notes of discussions.
- Copies of your objectives.
- Examples of work completed.
- Positive feedback from colleagues or clients.
After meetings, consider sending a polite follow-up email confirming your understanding of what was discussed. This creates a useful written record should disputes arise later.
Challenge Unfair Assessments
Not every capability process is fair. Where this happens, explain your position calmly and provide evidence where possible.
Not every Performance Improvement Plan is introduced for genuine performance reasons.
Occasionally, capability procedures are used as a means of managing employees out of the business following:
- Workplace disputes.
- Whistleblowing.
- Maternity leave.
- Flexible working requests.
- Complaints about discrimination.
- Raising health and safety concerns.
If you believe your capability process is being used for an improper purpose, it is sensible to obtain legal advice at an early stage.
Early advice can often help identify procedural failings, preserve important evidence and ensure you respond appropriately throughout the process.
How Can Lincs Law Help?
Lincs Law provide bespoke Employment Law advice. We are happy to have an initial conversation with you to learn of your Employment Law concerns and, thereafter, we offer an initial Fixed Fee Consultation; https://lincslaw.co.uk/fees/employees/
If you would like to Contact Us, please email us at ContactUs@lincslaw.com or telephone 01522 440512.
Lucy Stones
Associate Employment Solicitor
Lincs Law
Tags: capability procedure Failing a PIP at Work performance improvement plan PIP unfair dismissal