Performance management remains a difficult area for many employers. Recent research by Freeths, for instance, found that 48% of senior HR and business leaders have identified performance management as one of their top five priorities for 2026. That is unsurprising. Employers are under pressure to maintain productivity, manage costs and ensure that employees are performing to the standards required of the business.
In Brief
Performance management remains a priority for employers, and Performance Improvement Plans can provide a structured way to address underperformance. However, PIPs can also create legal and employee relations risk if they are used as a box-ticking exercise, applied inconsistently or treated as a route to dismissal rather than a genuine opportunity to improve.
Key Points
- Research suggests that 48% of senior HR and business leaders see performance management as a top five priority for 2026.
- A Performance Improvement Plan can help employers define performance concerns, set measurable objectives and create a clear review process.
- PIPs can support fair performance management by documenting concerns, expectations, support offered and progress made.
- A PIP should be used as a genuine improvement tool, not simply as a paper trail before dismissal.
- Poorly managed PIPs can damage trust, affect morale, trigger grievances and make later dismissal decisions harder to defend.
- Employers should tailor PIPs to the individual, consider health or disability issues, provide meaningful support and ensure targets are realistic.
One of the most common formal tools used within performance management is the Performance Improvement Plan, usually referred to as a PIP. In principle, a PIP is designed to give an employee a clear opportunity to improve. It should identify the performance concerns, set measurable objectives, explain what support will be provided, and define the timescale for review.
In practice, however, PIPs are often viewed with suspicion. Some employees see them as a warning that dismissal has already been decided. Some managers use them too late, too rigidly or without proper support. As a result, a performance management process that should help manage capability can become a source of mistrust, grievance and legal risk.
Why Employers Use PIPs in Performance Management
The strongest argument for a PIP is that it brings structure to performance management. Poor performance can be difficult to address if concerns are vague, undocumented or raised inconsistently. A formal plan forces managers to define the problem clearly and explain what improvement is required.

That clarity is valuable. Employees should not be expected to guess what “better performance” means. A good PIP should set out specific objectives, examples of the performance gap, realistic targets and the support available. This helps remove ambiguity and gives both sides a framework for assessing progress.
A PIP can also encourage managers to deal with performance concerns earlier. Many managers delay difficult conversations because they are uncomfortable giving critical feedback. By the time HR becomes involved, the employment relationship may already be strained. A structured performance management process can help managers move from frustration to evidence-based discussion.
For employers, documentation is another important benefit. If a capability dismissal is later challenged, the employer will need to show that concerns were genuine, communicated clearly and handled fairly. A properly managed PIP can provide evidence that the employee understood the issue, received support and was given a reasonable chance to improve.
The Development Value of a PIP
A PIP should not simply be a paper trail for dismissal. Used properly, it can be a genuine performance management and development tool.
Underperformance may arise for many reasons. The employee may lack training, be unclear about priorities, be struggling with workload, or have been promoted beyond their current skill level. There may also be management issues, team problems, health concerns or personal circumstances affecting performance.
A well-designed PIP should therefore ask not only “what is the employee doing wrong?” but also “what is preventing them from succeeding?” That distinction matters. If performance management only records failure without addressing the cause, the plan is unlikely to produce improvement and may be criticised as unfair.
For that reason, support should be built into the process. This may include training, closer supervision, mentoring, adjusted targets, clearer instructions, regular review meetings or access to occupational health where health may be relevant. The more meaningful the support, the easier it is for the employer to show that the PIP was genuine rather than punitive.
The Risks of Using PIPs Poorly
The main weakness of a PIP is perception. Even where the employer intends the process to be fair, the employee may believe the outcome has already been decided. Once that belief takes hold, the employee may disengage, raise a grievance, go off sick or begin preparing for litigation.
This is particularly likely where the PIP comes as a surprise. If an employee has previously received positive feedback or no meaningful warning, being placed on a formal plan can feel unfair. Employers should usually ensure that performance management concerns have been raised informally before moving to a formal process, unless the issue is serious enough to justify immediate action.
There is also a risk that PIPs become too standardised. A template may be useful, but the content must be tailored to the individual role and circumstances. Generic objectives such as “improve communication” or “show greater ownership” are often too vague. The employee needs to know what practical change is required and how success will be measured.
The timescale also matters. A very short review period may be unfair if the employee has no realistic opportunity to demonstrate improvement. Conversely, an overly long process may prolong uncertainty and create management difficulties. Good performance management requires a timeframe that reflects the nature of the role, the seriousness of the concerns and the type of improvement required.
Legal and Employee Relations Risks
A poorly managed PIP can create significant legal risk. If dismissal follows, an Employment Tribunal may look closely at whether the employer acted reasonably throughout the capability process.
Relevant questions may include: Were the concerns clearly identified? Was the employee warned about the consequences of failing to improve? Were targets realistic? Was adequate support provided? Were review meetings held? Was the employee’s explanation considered? Were similar cases treated consistently?

Additional care is needed where health, disability, pregnancy, menopause, caring responsibilities or other protected characteristics may be relevant. What appears to be a performance management issue may in fact be linked to an underlying medical condition or workplace barrier. In those cases, reasonable adjustments and discrimination risks must be considered before relying on a standard PIP process.
Employers should also avoid using a PIP as a substitute for a proper redundancy, disciplinary or misconduct process. If the real issue is a reduced need for work, misconduct or a breakdown in trust, forcing the matter into a performance management framework may create confusion and weaken the employer’s position.
When a PIP Is Useful
A PIP is most useful where the issue is genuinely about capability, the standards are capable of being measured, and the employer is prepared to support improvement. It can work well where an employee is underperforming in defined areas but remains capable of meeting the required standard with guidance, training and closer management.
It is less useful where the employer has already decided that dismissal is inevitable. In those circumstances, the PIP may appear artificial and may increase the risk of challenge. If the process is not genuine, it is unlikely to protect the employer.
The best PIPs are practical, specific and balanced. They should explain the concerns, set clear targets, identify support, confirm review dates and warn of possible outcomes. They should also give the employee space to respond and raise any factors affecting performance.
Getting Performance Management Right
Performance management can be valuable, but only if employers use it properly. A PIP should not be treated as a box-ticking exercise or a convenient route to dismissal. Nor should formal performance management be avoided where concerns need to be addressed.
For employers, the key is to approach the process with clarity and fairness. Managers should be trained to identify performance concerns early, give honest feedback and document discussions properly. HR should ensure that plans are realistic, consistent and tailored to the circumstances.

A well-managed PIP can help an employee improve, protect the business and reduce legal risk. A poorly managed PIP can damage morale, trigger grievances and make a later dismissal harder to defend.
The question is therefore not whether PIPs are good or bad in themselves. The real question is whether the employer is using performance management as a genuine tool for improvement, or merely as a defensive document after the decision has effectively already been made.
Employers: What This Means
Employers should treat PIPs as part of a fair and evidence-based performance management process. The plan should be specific, realistic and supported by proper management input, rather than being used only after the employer has already decided the outcome.
- Raise performance concerns early and informally where appropriate before moving to a formal PIP.
- Set clear objectives, measurable standards, realistic timescales and specific review dates.
- Provide meaningful support, such as training, supervision, mentoring, clearer instructions or occupational health input where relevant.
- Check for legal risks, including disability, health, pregnancy, menopause, caring responsibilities or inconsistent treatment of comparable employees.
