Steps on how to Fight & Beat a Performance Improvement Plan Template

How to Fight & Beat a Performance Improvement Plan UK Examples & Samples

Performance Improvement Plan Employee Rights UK:

This page last updated 7.7.26.

Questions we frequently get asked:

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  • How to fight and beat a performance improvement plan or how to respond to a performance improvement plan?
  • How to complain and respond to an unfair performance improvement plan?
  • Subjected to a performance improvement plan without warning?
  • Have you received a negative performance rating and want to know how to respond to a negative performance review in writing?

Are you looking for a performance improvement plan UK template? Below we have outlined three free grievance letter examples on how to complain to your employer about having been put on a performance improvement plan and our top tips if you are facing a performance improvement plan UK. The grievance letter examples below outline a template on how to respond to a performance improvement plan and what to say (and what not to say) when responding to a performance improvement plan.

My wife Amy & I took our own employers to the Employment Tribunal. We developed these webpages to assist you in knowing your employment rights UK if you have been put on a performance improvement plan. Amy & I know all too well the stress, anxiety, and distress, which you are currently feeling, because we ourselves went through the PIP process with our former employers. These are our top tips if facing a performance improvement plan UK.

We have created some new webpages for 2026 for you to look at:

PIP Meaning – For the avoidance of doubt, the performance improvement plan or PIP is the fastest way for an employer to ‘legally’ give an employee the boot on grounds of ‘capability’ in the UK under s.98 of The Employment Rights Act 1996:

“Capability in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other physical or mental quality”.

Over the last 15 years, my wife Amy & I have successfully helped countless clients fight and beat an unfair performance improvement plan UK.

Word of Caution:

  • Do NOT use AI to generate your grievance letter.
  • For the avoidance of doubt, there are many free AI detectors online, which are 99% accurate in detecting whether a grievance letter has been AI-generated.
  • The Employment Tribunal Service is receiving an uptick in AI generated grievance letters, which are frowned upon.
  • Notwithstanding, AI can cite case laws which do not exist, apply legislation from other jurisdictions, or outline legal principles that have absolutely no bearing on your particular circumstances.
  • We do not use any AI in the letters, which we create for our clients.

If you can’t face the PIP process alone and would like to discuss your workplace problems with us, reach out to us. Sometimes, just talking through your employment issues can give you a new perspective on what to do, and furthermore, how to go about doing it. We can hold your hand throughout the entire PIP process from beginning to end. We can assist you in avoiding the common mistakes which we see employees make when going through the PIP process. You don’t have to be alone! Reach out to us on 07775943414 or email us at myrightsuk@protonmail.com

We work 7 days a week, 9-5 UK time, because we know all too well that your employment problems don’t just end on a Friday afternoon! Go on, pick up the phone and call us! 

Step 1 = How to fight and beat an unfair performance improvement plan UK

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Tips on what not to say in a performance review as an employee.

Below, we have outlined examples and samples on the steps to take to fight and beat an unfair performance improvement plan and what to say (and what not to say) in a performance review as an employee, including some sample written response to a negative performance review:

  1. We suggest looking for the flaws with your employer’s ‘motivation’ behind putting you on a performance improvement plan or giving you a negative performance review. Usually, the performance improvement plan is initiated because your manager wants to get rid of you and replace you with somebody they know, or in the alternative, the employer is making redundancies and wants to avoid having to pay you redundancy pay. Thus, question the manager’s ‘motivation’ behind the performance improvement plan to establish the real ‘reason’ behind the PIP.
  2. State (in writing via email) why the performance improvement plan is unfair. By putting your complaint in writing, you will automatically be raising a grievance letter. For the avoidance of doubt, any ‘complaint in writing’ is a grievance as held in the authority of Shergold v Fieldway Medical Centre
  3. Always challenge the performance improvement plan or performance review both verbally (if ambushed into a meeting), then via email after the performance improvement plan meeting. Make sure you take a screen shot of the complaint you raise including the date, time, and name of the person who you sent the email to.
  4. Ascertain with the employer when the alleged performance issues allegedly began. It is imperative that you establish with your employer the date it is alleged your performance was not up to the ‘required standard’. The same applies if you have received a negative performance review. If you are looking for a sample written response to negative performance review or how to respectfully disagree with a performance review, please continue to read this webpage and use one of the three performance improvement plan templates outlined below.
  5. If subjected to a negative performance review or a PIP, ask your employer to outline the ‘specific support’, which was given to you after the employer first became aware of any issues with your alleged performance, including the nature of that support. This puts the onus on the employer to justify the poor performance review or the performance improvement plan.
  6. Ask your employer for the date/s any support was given to you, and furthermore, under what auspices that support was given to you to assist you in overcoming any alleged performance issues at work. Put shortly, it would be unreasonable for your manager or employer to put you on a performance improvement plan without bringing performance matters to your attention at the ‘material time’ they knew there were ‘alleged’ shortcomings regarding your performance. You could argue the omission to have informed you of your alleged performance issues has impinged on the implied term of mutual trust and confidence.
  7. If you have a medical condition such as anxiety, depression or you are going through the menopause, ask your employer what mitigation (if any) has been considered given the effect of your physical or mental impairment on your day-to-day activities.
  8. If you have a medical condition ask your employer what reasonable adjustments (if any) were implemented during the performance review assessment period. If your employer has assessed your performance without reasonable adjustments, raise a grievance letter for disability discrimination.
  9. Ask your employer what ‘standard’ it is alleged that you were ‘required’ to adhere to, and moreover, how and when that ‘standard’ was made clear to you. For example, most of the performance improvement plans, which Amy & I see are worded something like: “You are not performing to the ‘required standard’.”
  10. Thus, you have every right to ask the employer how they made you aware of the ‘standard’ which you were ‘required’ to perform to i.e., before being placed on the performance improvement plan.

Email us! We can assist you. Contact us on 07775943414 9-5 UK time or email us at – myrightsuk@protonmail.com

Emailing us could be the difference between keeping your job and getting fired. Read our testimonials page.

Step 2 = Performance improvement plan employees rights UK

  1. Ascertain what reasonable adjustments your employer put in place to remove the disadvantage caused by your medical condition, impairment, or disability.
  2. Raise a grievance against your manager if you have not been rendered with ‘reasonable support’, which is a statutory requirement under the auspices of Section 2(2)(c) of The HSAWA 1974.
  3. Do not agree to the performance improvement plan.
  4. Do NOT sign the PIP or else you will affirm and acquiesce to the performance improvement plan (affirmation). The reason why you should never sign the PIP is because you are agreeing to the fact your performance was not up to the employer’s ‘required standard’. Thus, if you later try and claim unfair dismissal the employer will state that if you felt the performance improvement plan was unfair, that on the balance of probabilities, you would not have signed the PIP.
  5. You can object to the performance improvement plan by informing your employer you intend to raise a formal letter of grievance regarding the reasoning,  rational, and motivation for the performance improvement plan. As stated above, usually the performance improvement plan is initiated because the manager wants you gone. See our free PIP grievance letter examples below.
  6. Challenge any allegations against you regarding your alleged performance.
  7. Point the finger of blame onto HR and management for failing to assist you and support you in meeting their ‘expectations’ of you, and furthermore, what was ‘required’ of you.
  8. Ask for the policy or procedures, which the employer is utilising, which policy and procedures governs the’ expectations of management’, and how this policy and procedures were communicated to you before putting you on a performance improvement plan.
  9. Challenge any timeframe, which the employer gives you for improving your performance. Usually, a minimum of 3 months is reasonable, but not if you have a disability, impairment, or medical condition.
  10. If you have any medical condition, which you take medication or receive treatment for, reach out to us on 07775943414 (9-5) UK time.
  11. Ask why any alleged shortcomings in your performance were not raised with you during your 1-2-1’s.
  12. Outline how the performance improvement plan is unfair given the fact your alleged performance issues were never discussed during 1-2-1 meetings with your manager.
  13. Outline the fact that if your manager was genuinely concerned about any shortcomings in your performance, that on the balance of probabilities, your manager would have documented any performance issues with you during your 1-2-1’s.
  14. Make a Subject Access Request for all 1-2-1 meetings with your manager.
  15. Make a Subject Access Request for all emails and minutes of any meetings with HR, or other senior managers regarding your performance.
  16. If your manager has failed to keep notes during the 1-2-1 meetings with you, evidence the laissez-faire attitude of your manager in managing your performance. Use this against your manager.
  17. Reach out to us. We are here to help you. We can hold your hand throughout the entire PIP process. Pick up the phone and call us on 07775943414.
  18. We work seven days a week because my wife Amy & I know that your employment issues don’t just end on Friday afternoon!

Step 3 = What to say in a performance improvement plan meeting?

  1. If you are subjected to a PIP or want to know how to respond to a negative performance review in writing Do NOT go on the defensive.
  2. Instead, go on the ‘offensive’ and challenge the performance improvement plan or negative performance review.
  3. Be firm, but not aggressive.
  4. Object, protest, and challenge the performance improvement plan or negative performance review.
  5. Do not agree to any allegations regarding your performance especially if you are ambushed into a meeting without knowing the nature of the meeting in advance. Simply say – “I do not agree with the PIP or negative performance review and will be raising a formal grievance letter”.
  6. Contact us – myrightsuk@protonmail.com or call us on 07775943414 (9-5) UK time.

Remember, under s.98 of The ERA 1996, the employer can fairly dismiss you on grounds of ‘capability’.

The majority of time, the real reason why the employer has given you a negative performance review or instigated the performance improvement plan, is for one of the following reasons:

  • Because the employer is about to make redundancies, and wants to save money by managing people out of the Company by using the performance improvement plan as the vehicle to procure [your] dismissal.
  • A new manager has started, who is indifferent to you, and who is acting in a capricious manner to get rid of you. Chances are, the manager already has your replacement waiting in the wings.
  • You make too much money and your employer wants to replace you with someone cheaper.
  • The employer needs to downsize.

Is the performance improvement plan fair, and more importantly, within the range of reasonable responses?

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The answer to this question lays in looking at employment law.

Pursuant to s.98(3) of the Employment Rights Act 1996, it states that an employer can dismiss an employee for grounds relating to ‘capability’. This means –

“In relation to an employee, his capability assessed by reference to skill, aptitude, health or any other physical or mental quality.”

Yes, the employer can lawfully dismiss you on grounds of (a) capability (b) skill (c) aptitude and/or (d) health, which would fall within the range of reasonable responses – British Home Stores Ltd v Burchell [1978] IRLR 379.

How do I get out of a Performance Improvement Plan?

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Subjecting an employee to the performance improvement plan may well amount to discrimination.

If you want to know how to survive being put on a Performance Improvement Plan, then reach out to us on 07775943414.

The only way you are going to get a head of what your employer is doing to you, is to bring us into the fold. Amy and I have helped hundreds (if not thousands) of employees just like you. Please visit our testimonials page.

What is the ‘motivation’ behind the PIP / PDP?

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The first thing to establish when put on a PIP by your manager, is to establish the manager’s / employer’s ‘motivation’ behind putting you on a Performance Improvement Plan or Personal Development Plan. Usually, a poor performance review is the first step.

The second thing to establish is, has the Manager done this of their own volition, or is the PIP / PDP being supported by your employer’s Human Resources Department?

Has your line manager orchestrated an agenda to get rid of you by foul means because s/he doesn’t like you, or where your face just doesn’t fit anymore, or because they already have your replacement lined up for your role?

Is your employer making redundancies?

Is the PIP / PDP being used as the reason to give you the boot to save the employer money in the alternative to paying you redundancy, which you could be legally entitled to?

Is the PIP because your employer hired too many employees in the boom times, and now with the uncertainty of the economic climate is looking to reduce the size of the workforce? If you work in either IT or Accountancy, this is usually the case speaking from our own experiences in assisting others like you.

Sometimes, the PIP is instigated because you have been there too long, and the employer can hire someone cheaper. Hence, the PIP is the vehicle to give you the boot so you can be replaced by someone for less money.

Given the multitude of the people who come to us, and who have been put on a PIP, the real reason behind the PIP /PDP is a new manager has come along and doesn’t like you, and just wants to get rid of you to replace you with someone they do like. The same applies to receiving a poor performance review.

Thus, getting to the crux of the ‘motivation’ behind the PIP / PDP is the very first thing [you] need to establish.

Make no mistake however, the poor performance review or PIP is the vehicle utilised by your employer to give you the boot. If you genuinely believe that the ‘motivation’ of putting you on a PIP is insincere, then make sure you say so within your grievance letter to your employer in putting you on a PIP / PDP. Please see all three performance improvement plan templates below, which templates are free of charge and are applicable in the UK.

The Law UK:

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Question: Can your employer fire you for poor performance? The answer in a nutshell is yes. However, that said, if your performance has waned for a legitimate reason, such as you have been diagnosed with a medical condition, such as an anxiety related disorder, depression, cancer, menopause, thyroid condition, ADHD or some other medical condition/s (or cumulative effects of medical conditions) this could amount to discrimination on protected grounds of disability. The same applies if you have had to take time off from work to look after a family member who is ill.

According to section 98 of The Employment Rights Act 1996 a dismissal can be fair for any of the following reasons:

(a) the reason (or, if more than one, the principal reason) for the dismissal, and

(b) that it is either a reason falling within subsection (2) or some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.

(2) A reason falls within this subsection if it—

(a) relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,

(b) relates to the conduct of the employee,

(c) is that the employee was redundant, or

(d) is that the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.

(3) In subsection (2)(a)—

(a) “capability”, in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other physical or mental quality, and

(b) “qualifications”, in relation to an employee, means any degree, diploma or other academic, technical or professional qualification relevant to the position which he held.

The above is the actual wording from the Employment Rights Act 1996.

  • It is for the employer to show that the dismissal was fair.
  • The term ‘some other substantial reason’ could be used where a breach of the implied term of mutual trust and confidence between employer and employee has happened i.e., misconduct / gross misconduct. It could also be for [any] number of reasons which the employer can dream up to give you the boot i.e.
  • The non-renewal of the fixed-term contract of an employee recruited as maternity leave cover.
  • Requiring the employee to work shift work.
  • The dismissal and re-engagement of an employee in order to impose new contractual terms and conditions upon the employee, which the employee has previously refused to agree.
  • A clash of personalities between employees, which makes it impossible for them to work together.
  • The safeguarding of children and/or vulnerable adults, where the employer does not have grounds for a misconduct dismissal.
  • Business re-organisation.
  • Conflict with your employer’s own interests.
  • A third party (customer or supplier) requires an employee’s dismissal.

The legal definition of “capability” in relation to an employee, is open to interpretation. The legal definition means however, [your capability] assessed by reference to skill, aptitude, health or any other physical or mental quality, as long as it is not discriminatory.

The best way to tackle a PIP or negative performance review:
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When people first come to us who have been put on a PIP or have received a negative performance review, the very first thing we establish is does the employee have a ‘medical condition’ or ‘medical conditions’, which could be classed as either an impairment or a disability?

The first response we usually receive from our clients is – ‘No, I don’t’.

For the avoidance of doubt, most of us think that just because we are not in a wheelchair or have a Blue Badge, that we don’t have an impairment or disability. This position is factually misconceived.

Example: I was diagnosed with asthma at the age of two. It was not until 2007 when I contacted The Equality and Human Rights Commission that I realised that because I have had asthma all my life, I was classed as ‘disabled’ within the definition of s.6(1) of The Equality Act 2010. For the avoidance of doubt, diabetes, high blood pressure, migraines, anxiety, depression, menopausal symptoms etc, are all recognised disabilities by the Employment Tribunal.

I have below provided some examples of the grounds and reasons why I have raised grievance letters for my clients who have been put on a PIP or who have received a poor performance review. None of these clients realised that they had a disability under the auspices of The Equality Act 2010:

  • A client had hypothyroidism, which was controlled by medication, and had been taking medication for 20 years. This met the definition of ‘disability’ in accordance with Schedule 1 of The Equality Act 2010.
  • Another client who had been diagnosed with depression on or off for about 6 years. A ‘reoccurring condition’ is likely to be covered under The Equality Act 2010 as a disability.
  • A client had suffered a heart attack and had been prescribed medication.
  • A client had suffered from migraines for a number of years.
  • A client was diabetic (either diabetes 1 or 2). Diabetes 1 & 2 is a ‘progressive condition’ which is covered as a ‘disability’ under The Equality Act 2010.
  • A client with arthritis;
  • A client with dyslexia or ADHD;
  • A client with heavy menstrual cycles (menorrhagia).

All the above medical conditions are recognised by the Tribunal as ‘disabilities’ – albeit each case is heard on its own merit.

Therefore, if you take medication for a medical condition such as high blood pressure, there is a good chance that the medical condition would likely to be classed as a ‘disability’.

Thus, if you have a medical condition (or take medication), or are menopausal and take HRT, we can argue your impairment has impacted your performance at work; it is imperative that you let your employer know about this ASAP. You need to inform the employer of your impairment / disability in writing, and send it via email to the HR Department.

We would also outline how long the medical condition has lasted, including the name/s of all the medication/s you take, and furthermore, how long you have been taking those medications. We would also suggest that you inform your employer that your disability has a substantial adverse effect on your day-to-day activities.

In the authority of Nissa v Waverly Education Foundation Ltd and another UKEAT/0135/18/DA, the Employment Appeal Tribunal held the following at paragraph 15:

“Turning to the question, what is a substantial adverse effect, it has been observed in the case law that this sets a relatively low standard.“

The reason for making your employer aware of your disability or impairment in writing (via email) is because your employer does not have to make reasonable adjustments if the employer does not know of your impairment / disability, as held in the authority of Eastern and Coastal Kent PCT v Grey (IDS 875):

“The duty to make adjustments does not apply if the employer does not know, and could not be reasonably expected to know, that the employee has a disability and is likely to be placed at a substantial disadvantage.”

 Under s.136 of The Equality Act 2010 the ‘burden of proof’ is on you to establish that you have an impairment or disability. For the avoidance of doubt, it is not for your employer to prove you don’t have an impairment or disability.

What is the legal definition of disability?

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I will give you the ‘legal definition’ of a disability in accordance with Schedule 1 of the Equality Act 2010 –

  • The effect of an impairment is long term if—
  • It has lasted for at least 12 months, or
  • It is likely to last for at least 12 months, or
  • It is likely to last for the rest of the life of the person affected.
  • If an impairment ceases to have a substantial adverse effect on the person’s ability to carry out normal day to day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.

Put shortly, if you have a medical condition which has lasted a year, or which is ‘likely’ to last a year, or the rest of your life, and the medical condition has a *substantial adverse effect on your day-to-day activities and/or is a reoccurring condition, then you are likely to be classed as having a disability within the legal definition of s.6(1) Equality Act 2010.

Example: I am asthmatic. I take two puffs of my asthma inhaler in the morning and two at night. I have done so for 40 years. I lead a normal day to day life with medication. I have not been hospitalised for my asthma since the 1980’s. However, if I stopped taking my inhalers, I could not perform my day-to-day activities such as walking the dog, or go out in cold weather, or do any physical exercise without my asthma having a *substantial adverse effect on my day-to-day activities. Thus, the Tribunal takes into consideration what is called the ‘deduced affect’ i.e., what is the effect of my asthma without my medication/s?

Therefore, if my day-to-day activities such as i.e. walking, grocery shopping, swimming, were impeded without my inhalers (deduced effect), then my disability would have a *substantial adverse effect on my day to day activities.

So, if you suffer from anxiety attacks, you could still do your day-to-day activities such as going to pubs, clubs and shopping with anti-depressant medication. However, without the anti-depressant medication, you would not want to be around people as it may cause you to exhibit a heightened state of anxiety, which triggered panic attacks.

Notwithstanding, if the medical condition is ‘reoccurring’ i.e., migraines or depression, which comes and goes, then you are ‘likely’ to be classed as having a ‘disability’.

For the avoidance of doubt, only the Employment Tribunal can determine whether or not you have a ‘disability’. It is not for your doctor or employer to decide if you have a ‘disability’. Even a Medical Expert who has been commissioned by the parties in litigation who says you have a disability, it is ultimately for the Employment Tribunal to decide for themselves whether or not you have a ‘disability’. There have been numerous cases in the Employment Tribunal where the Medical Expert has stated that the claimant has a disability, and the Tribunal has disagreed with the Medical Expert’s opinion, and vice versa.

Even having heavy menstrual cycles can be classed as a disability. My wife Amy suffered for years with heavy menstrual cycles. Amy worked as a Chef. When she was menstruating Amy had to use the toilets more frequently to change her sanitary wear. Consequentially, Amy asked her employer to render her with reasonable support (as a reasonable adjustment) when she was menstruating to accommodate the volume of covers coming into the kitchen. Amy’s employer (believe it or not) told her she should not come to work when she was menstruating. Hence, I brought claims in the Employment Tribunal for both sex discrimination, sexual harassment, and disability discrimination on Amy’s behalf. Having submitted a Tribunal claim, the employer settled out of court.

An ‘impairment’ can also be classed as a disability.

Example: I had a client, who had suffered with a bad back for a number of years. The back pain was intermittent but when it came, he could not drive his company car because depressing the clutch aggravated his back impairment, as did sitting in the car, and driving long distances. Consequentially, my client had sickness absences, which ultimately resulted on him being put on a ‘capability’. The employer said he was not ‘capable’ of performing his job. It was my belief the employer was going to dismiss him on grounds of ‘capability’ under s.98 ERA 1996. As such, I wrote a letter to his employer asking the employer to make reasonable adjustments and provide him with (1) a desk assessment; (2) a car with automatic transmission; (3) a two-door car instead of a saloon (as the two door car was easier to get in and out of because the doors were bigger). The employer argued that my client was not ‘disabled’ and therefore did not need to make reasonable adjustments to accommodate his back impairment. The employer’s position was factually misconceived. I drew to the employer’s attention the case of Ministry of Defence v Hay (2008), whereas Mr Justice Langstaff reminds us of the following:

“The concept of disability in the Equality Act is not a medical model, but a ‘functional’ model because the definition focuses on ‘impairment’. An ‘impairment’ is not the same as a ‘disability’. It is directed towards what a claimant cannot, or can no longer do at a practical level. Thus a constellation of symptoms which lasted over 12 months, even though the precise disability on which the claim was based according to expert evidence would have lasted less than 12 months, can be regarded as a combination of impairments with different effects, to different extents, over periods of time which overlapped and which constitutes a qualifying disability”.

I also drew the employer’s attention to The EHRC Statutory Code of Practice on Employment 2011, with express particular Chapters 5 & 6, which says as follows:

Chapter 5 Paragraph 5.15:

“It is not enough for the employer to show that they did not know that the disabled person had the disability. They must also show that they could not reasonably have been expected to know about it. Employers should consider whether a worker has a disability even where one has not been formally disclosed, as, for example, not all workers who meet the definition of disability may think of themselves as a ‘disabled person’.” 

Chapter 5 Paragraph 5.20:

“Employers can often prevent unfavourable treatment which would amount to discrimination arising from disability by taking prompt action to identify and implement reasonable adjustments (see Chapter 6).”

Chapter 5 Paragraph 5.21:

“If an employer has failed to make a reasonable adjustment which would have prevented or minimised the unfavourable treatment, it will be very difficult for them to show that the treatment was objectively justified.”

 Chapter 6 Paragraph 6.2:

“The duty to make reasonable adjustments is a cornerstone of the Act and requires employers to take positive steps to ensure that disabled people can access and progress in employment. This goes beyond simply avoiding treating disabled workers, job applicants and potential job applicants unfavourably and means taking additional steps to which non-disabled workers and applicants are not entitled.”

Chapter 6 Paragraph 6.9:

“In order to avoid discrimination, it would be sensible for employers not to attempt to make a fine judgment as to whether a particular individual falls within the statutory definition of disability, but to focus instead on meeting the needs of each worker and job applicant.”

Chapter 6 Paragraph 6.24:

“There is no onus on the disabled worker to suggest what adjustments should be made (although it is good practice for employers to ask).”

As such, if you have a medical condition, which could be classed as an impairment or a disability, this will form the backbone of your grievance letter for being put on a PIP or being given a negative performance rating. The reason for this is that if you have an impairment or disability, and your employer has put you on a performance improvement plan, your employer’s actions may well amount to discrimination on protected grounds of disability. The Equality and Human Rights Commission has produced a document called ‘The Statutory Code of Practice on Employment’. The last edition was updated in 2011, and remains in effect at this time.

The Employment Tribunal takes The EHRC Statutory Code of Practice on Employment 2011 into account when dealing with acts of discrimination & harassment.

In this regard, I refer to Chapter 6 of The EHRC Statutory Code of Practice on Employment 2011, whereas it states in paragraph 5.15:

“An employer must do all they can reasonably be expected to do to find out if a worker has a disability. What is reasonable will depend on the circumstances. This is an objective assessment. When making enquiries about disability, employers should consider issues of dignity and privacy and ensure that personal information is dealt with confidentially.

A disabled man who has depression has been at a particular workplace for two years. He has a good attendance and performance record. In recent weeks, however, he has become emotional and upset at work for no apparent reason. He has also been repeatedly late for work and has made some mistakes in his work. The worker is disciplined without being given any opportunity to explain that his difficulties at work arise from a disability and that recently the effects of his depression have worsened. The sudden deterioration in the worker’s time-keeping and performance and the change in his behaviour at work should have alerted the employer to the possibility that that these were connected to a disability. It is likely to be reasonable to expect the employer to explore with the worker the reason for these changes and whether the difficulties are because of something arising in consequence of a disability.”

Thus, before putting you on a PIP or giving your a negative performance review, the employer ought to have established with you if an impairment or disability was (or is) impacting upon your performance, and moreover if your performance would have been better if reasonable adjustments had been put in place. Again, I draw your attention to The EHRC Statutory Code of Practice on Employment whereas it states in Chapter 17, at paragraph 6.80:

“Employers should also be aware of the duty to make reasonable adjustments when discussing past performance. For example, they should consider whether performance would have been more effective had a reasonable adjustment been put in place, or introduced earlier. Appraisals may also provide an opportunity for workers to disclose a disability to their employer, and to discuss any adjustments that would be reasonable for the employer to make in future.”

Example 1:

You have a history of anxiety and/or depression. It is a known fact that anxiety / depression impacts upon your cognitive abilities; it also impedes upon your memory function and thought processes. The effect of your anxiety / depression slows your rate of work down. You have been put on a PIP / PDP for poor performance. This applies a discriminatory effect on protected grounds of disability. The employer ought to have assessed your performance had reasonable adjustments been actually put in place to accommodate your impairment / disability. Reasonable adjustments, which the employer ought to have considered [before] putting you on a PIP / PDP were:

  • Allowing you more time than your colleagues to complete task/s.
  • To have provided you with additional support.
  • To vary your work pattern i.e. hours of work or shift times.
  • To provide you with written instructions instead of verbal instructions.
  • To assign you a buddy or mentor to assist you.
  • To provide your manger with disability awareness training.

Example 2:

 You have been diagnosed with dyslexia. You work in an IT Department or in Accountancy and have been put on a PIP / PDP because your work output is not equal to that of your workplace colleagues. This applies a discriminatory effect. The employer ought to have assessed your performance had reasonable adjustments actually been physically put in place to accommodate your impairment / disability. Reasonable adjustments could be:

  • Coloured overlays for your computer / paperwork.
  • Dragon speech software or other software i.e. spelling.
  • To have more time to undertake tasks.
  • To have written instructions instead of verbal instructions.
  • As above.

Example 3:

You have been diagnosed with migraines. Migraines are a recognised disability. You work in an office or factory floor. The work area is flood lit with Fluorescent Lights. The lights exacerbate your migraines, which affects your work output. Your employer puts you on a PIP / PDP because of your sickness absences from work or reduced output of work. This applies a discriminatory effect on protected grounds of disability. But for the omission by your employer to articulate that your sickness absence and/or output of work is intrinsically linked to the Fluorescent Lights within the Department where you work, on the balance of probabilities, you would not have been off sick from work, and moreover your work would not have been impacted upon. Reasonable adjustments are:

  • To remove the Fluorescent Lights.
  • Provide you with a working environment without Fluorescent Lights.
  • Put you in an office of your own.
  • Anti-glare screen for computer.
  • Regular breaks.
  • Time off (paid or unpaid) or flexible hours.
  • Home working during an attack (sometimes it is the travel to work which is unmanageable).
  • Reduced visual or auditory distraction; an environmental sound machine to block out noise.
  • Avoiding any identified trigger factors at work (long working hours without regular food breaks; night working; fan heaters).
  • Allowing food at the work station.

The long and short is this; if you have a medical condition/s which has impacted upon your performance, or is impacting your performance, then make sure your employer knows this via email.

Grievance Letter Examples for Performance Improvement Plan or a negative performance review:

My wife Amy & I have outlined below three different grievance letter templates if you have been put on a performance improvement plan:

  • The first grievance letter template example is where your employer has put you on a PIP / PDP and knew (or reasonably ought to have known) about your medical condition, but failed to articulate that your medical condition amounts to an ‘impairment or disability’.
  • The second grievance letter template example is where you have been put on a PIP / PDP, but have not disclosed to your employer that you have an impairment or disability. You now want to protest the PIP / PDP and for the employer to take into consideration how your impairment or disability has impacted upon your work.
  • The third grievance letter can be used in all circumstances, including where you don’t have any medical conditions.

The very reason you need to raise a grievance letter is to ‘protest’ the PIP or the negative performance review. If you have an impairment or disability you need to protest how the PIP applies a discriminatory effect on protected grounds of disability. Even where you don’t have an impairment or disability, you still need to ‘object, protest, and challenge’ the PIP / negative performance review.

In the event you don’t ‘object, protest, and challenge’ the performance improvement plan, by raising a grievance letter, and you are subsequently dismissed and decide to bring claims in the Employment Tribunal, the employer will bring this to the Tribunal’s attention. The Judge will then ask you why you did not ‘protest’ the PIP. You are then on the back foot, because the Judge will be of the opinion that if you believed the PIP or poor performance rating was unjustified, that on the balance of probabilities, you would have raised a grievance, and moreover, ‘objected, protested and challenged’ being put on a PIP.

Put shortly, by not protesting the PIP or the negative performance review, you concede it was just and equitable for the employer to give you the boot for your lack of performance, ability, or capability.

Performance Improvement Plan Template Grievance Letter Example 1:

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Your employer knew or reasonably ought to have known about impairment / disability. Cut and paste as you see fit from all three example letters below:

The wording of the performance improvement plan example letters below may seem a little odd and strange to you, but is ‘legal parlance’ under the auspices of the Equality Act 2010, and other Acts and Regulations. Leave in the grievance letter any references to case authorities.

Dear Sirs,

I am raising a formal grievance letter to invoke the grievance procedure. It is my position that in applying the PIP / PDP upon my person, that my employer and its management are treating me ‘unfavourably’ because of something arising in consequence of my disability. For the avoidance of doubt, it was not a proportionate means of achieving a legitimate aim to put me on a PIP. The PIP applies a discriminatory effect on protected grounds of disability in contravention of s.15(1)(a)(b) of The EqA 2010.

My employer knew, or reasonably ought to have known that my medical condition(s) (outline them here) amount to a disability, and are covered within the legal definition of s.6(1) EqA 2010. Thus, before putting me on a PIP, it was incumbent upon my employer to have determined how my medical condition(s) have a substantial adverse effect on my day-to-day activities.

 For the avoidance of doubt, no consideration has been given as to how medical condition(s) have impacted upon my performance and/or my day-to-day activities. The fact that my employer did not refer me to Occupational Health [before] putting me on a PIP to determine the substantial adverse effects of my medical condition(s) on my day-to-day activities, has seriously undermined the implied term of mutual trust and confidence. I will contact Access to Work to assist my employer in articulating the reasonable adjustments, which I need.

 I am therefore asking that the PIP is withdrawn without unreasonable delay, and furthermore, that a proper assessment of my medical condition(s) is undertaken in consultation with me to determine the reasonable adjustments, which I need implementing to ameliorate the disadvantage arising in consequence of my disability in being put on a PIP. In this regard, I draw my employer’s attention to the authority of Tarbuck v Sainsburys Supermarkets Ltd [2006] IRLR 664.

Notwithstanding, I am asking that (name of person/s) is given disability awareness training as a reasonable adjustment to ensure that s/he does not continue to discriminate against me on protected grounds of my disability. In this regard, I refer my employer to the authorities of Bush v Rolls Royce [1999] ET/1401054/98 & E M Simpson v West Lothian Council (2004).

Yours faithfully,

Performance Improvement Plan Template Grievance Letter Example 2:

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Your employer did Not know about your impairment / disability:

Dear Sirs,

I am raising a formal grievance letter to invoke the grievance procedure. It is my position that in applying the PIP / PDP upon my person, that my employer is treating me unfavourably because of something arising in consequence of my disability. For the avoidance of doubt, it was not a proportionate means of achieving a legitimate aim to put me on a PIP. The PIP applies a discriminatory effect on protected grounds of disability in contravention of s.15(1)(a)(b) of The EqA 2010. I have medical condition(s) (outline them here) which fall within the legal definition of s.6(1) EqA 2010.

The fact that my employer did not refer me to Occupational Health [before] putting me on a PIP to determine whether or not I have a disability or impairment has seriously undermined the implied term of mutual trust and confidence. I am therefore asking that the PIP is withdrawn without unreasonable delay, and furthermore, that a proper assessment of my medical condition(s) is undertaken in consultation with me to determine the reasonable adjustments, which I actually need implementing.

I am asking that my employer refers me to its Occupational Health Department to assist my employer in assessing and implementing the reasonable adjustments, which I need implementing to ameliorate the disadvantage because of something arising in consequence of my medical conditions.

Notwithstanding, I am asking that (name of person/s who put you on a PIP) is rendered with ‘disability awareness training’ as a reasonable adjustment to ensure that s/he does not continue to discriminate against me on protected grounds of my disability. In this regard, I refer you to the authorities of Bush v Rolls Royce [1999] ET/1401054/98 & E M Simpson v West Lothian Council (2004).

 Yours faithfully,

Performance Improvement Plan Template Grievance Letter Example 3:

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You Do Not have any medical conditions which would be classed as an impairment or disability:

This letter can also be used for the two examples above too:

Dear Sirs,

 I write with regard to being put on a PIP on ??/??/??. It is my reasonable and genuine belief that the PIP has not been applied to assist me in actually improving my performance, but rather invoked as the reason to get rid of me by foul means pursuant to s.98(2)(3) ERA 1996.

Putting me on a PIP has (and is) seriously undermining the implied term of mutual trust and confidence. Put shortly, the PIP is neither fair nor equitable. It has been instigated with the purpose and effect to seriously undermine the implied term of mutual trust and confidence. To this end I am protesting the PIP being applied upon my person for the following grounds and reasons.

Cut and/or paste if these sentences apply to your situation.

At no time have the 1-2-1’s, which I have had with my manager led me to believe that my performance was waning and/or that my performance was in question. It is my reasonable belief that if my manager truly believed that my performance was waning, that s/he would have given me the support, which I actually needed at the material times in order to assist me in improving my alleged poor performance. The fact remains that at no time has my manager informed me that my performance was waning and/or that s/he was unhappy with my performance. This induces the opinion that the PIP has been applied with an ulterior motive to give me the boot. In the event that I am dismissed, I will bring this to the Employment Tribunal’s attention.

It was incumbent upon my line manager to have informed me that if my alleged performance was not up to the required standard [before] putting me on a PIP, which my line manger omitted to do. Why?

Again, this demonstrates bad faith and that the PIP has been instigated with an ulterior motive i.e. to dismiss me.

I require to know the specific dates whereas my line manager informed me of the fact that I would be subjected to a PIP if my performance did not meet his/her expectations or the required standard?

I require to know with express particular what my line manager’s expectations were, and the specific date/s these expectations were communicated to me, and furthermore, under what auspices the expectations were communicated to me?

I require any and all written correspondence whereas my line manager informed me in writing that I would be put on a PIP if my performance did not meet their expectation and/or the required standards? 

I require to know the reasonable support, which my manger’s says s/he has given me to meet the standards which s/he requires?

I require to know the specific nature of the support, which my manager actually rendered me with to meet his/her expectations?

I require to know the specific date/s and time/s this support was given, and moreover how it was followed through?

It is evident to me that my employer is seeking to make cutbacks in staffing levels; I reasonably believe that the PIP has been invoked to save the Company money in the alternative to paying me redundancy, and furthermore, that my employer is acting in a Machiavellian manner to find a reason to (1) save money, (2) get rid of me on grounds of capability to obviate the need to pay me my redundancy.

It is my reasonable belief that my manager has an axe to grind with me and is using the PIP to get rid of me in favour of employing someone else to take my role. Thus, I am raising a grievance against my line manager for the following grounds and reasons.

I have been working under excessive pressure. The demands upon me have been wholly unreasonable insofar that no duty of care has been shown for my health and/or the detrimental impact, which the workload has had on my physical and psychological health.

Pursuant to s.1(1)(a) of The HSAWA 1974, my employer has a statutory duty of care for my health, safety, and welfare at work. Moreover, pursuant to s.2(1)(2)(a)(e) of The HSAWA 1974, my employer has a statutory duty to provide me with a ‘safe system of work’. Notwithstanding, under the auspices of The MHSWR 1999 my employer is statutory obliged to ‘assess the risks to my health’ given the nature of my work. For the avoidance of doubt, I require sight of the risk assessment, which has been undertaken for my role.

I would also like to point out that my employer has been negligent in mitigating the stressors, which ultimately led to me being subjected to a PIP. There have been no stress audits and/or stress tests within the Department to ensure that the pressures of work were manageable for me. Why?

Thus, I am asserting a statutory right pursuant to s.44(1)(c) ERA 1996, viz; I am bringing to my employer’s attention, by reasonable means, that circumstances connected with my work, which I reasonably believe are harmful or potentially harmful to my health or safety. This is raised due to my employers relevant failure of s.1(1)(a) & s.2(1)(2)(a)(e) HSAWA 1974 as outlined above.

I am therefore, asking that the PIP be reassessed, taking into consideration the amount of work and nature of my work, and furthermore, the unreasonable demands upon me. I am also requesting a Stress Specific Risk Assessment is undertaken in accordance with the HSE’s Management Standards.

It is my opinion that my manager is ‘indifferent’ to me. It is also my reasonable belief that the PIP being applied upon my person by my manager is a form of bullying by my line manager. This has created a hostile, oppressive and intimidating environment to either work, or communicate with him/her. 

Subjecting me to a PIP drives a nail in the coffin of the implied term of mutual trust and confidence. Neither my manager nor my employer can demonstrate that I have received the support, which I have needed to meet my manager’s expectations, which in any event were wholly unreasonable.

As such, I am putting my employer on notice that in the event that I am dismissed on grounds of ‘capability’ that I will bring to the Employment Tribunal’s attention a copy of this letter, and how I ‘protested’ the PIP. To this end, I continue to accept my pay and work under protest. In so doing, I do not affirm and/or acquiesce to the aforementioned breaches of my statutory rights under the auspices of the HSAWA 1974; MHSWR 1999 or ERA 1996.

In conclusion, I am asking my employer and my line manager not to continue to act in a calculated manner, which would further destroy, or fundamentally destroy the mutual trust and confidence.

Yours faithfully,

Each of the above performance improvement plan templates outlines examples on how to respond to a negative performance review in writing. If you want to know what happens at the end of the performance improvement plan or would like to talk through your specific situation or have us write you a custom grievance letter germane to your specific circumstances, please call us on 07775943414 (9-5) or email us at – myrightsuk@protonmail.com

Amy and I charge £50 an hour or £400 per day. In the alternative, we can quote you a flat fee to draft your grievance letter. Read this.

Conclusions:

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You cannot afford to wait to the last minute to contest being put on a performance improvement plan or personal development plan. If you feel the performance improvement plan is neither fair nor equitable, but undertaken as a ‘punitive’ measure to punish you, then reach out to us. Please visit our testimonials page.

We can write you a custom grievance letter or have a telephone consultation with you if:

You don’t have to go through the performance process alone! We are here to help you. Amy & I can assist you in avoiding the pitfalls and common mistakes which we see employees make. You only get one chance to get your grievance letter right, so make sure you do just that!

Over the past 15 years Amy & I have assisted employees like you turn the tables on their employer, whereas we have exposed the PIP for what it really is. Please read our testimonials page. Amy & I can assist you in any of the following work-related matters:

Go on, pick up the phone and call us to arrange a telephone consultation on 07775943414.

We work 7 days a week (9-5 UK time) because we know that your employment problems don’t just end on a Friday afternoon!

We only charge £35 up to one hour for the initial consultation and £50 an hour thereafter. 

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Moreover, any discussion with Sam or Amy does not amount to ‘legal advice’. Any opinions expressed verbally or in writing are ‘opinions’.

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