Put on a Performance Improvement Plan in Scotland? Here's What to Do

Being told you are being placed on a performance improvement plan is one of the most unsettling things that can happen at work. It often comes with little warning, and the conversation can leave you feeling confused, anxious, and unsure what it means for your job.

Many employees in Scotland have never encountered a PIP before and do not know what their rights are, what a fair process looks like, or what they should do next. If that is where you are right now, this article is written for you.

In this article, PIP refers to a performance improvement plan at work, not the Personal Independence Payment benefit.

It explains what a performance improvement plan actually is, what your employer is required to do, what the process should look like under ACAS guidance, how to protect your position from the very start, and when a PIP may be being used unfairly.

What is a performance improvement plan?

A performance improvement plan — often called a PIP — is a formal written document that sets out concerns your employer has about your performance at work. It normally includes:

the specific areas where your employer says your performance is falling short
the targets or standards you are expected to meet
the support your employer says it will provide
a timeframe for improvement
a schedule of review meetings

A PIP is a formal step. It is part of your employer's capability procedure, which is the process employers use when they have concerns about an employee's ability to meet the required standard for their role.

Being placed on a PIP is not the same as being dismissed. But it is a serious step that you should take seriously from the outset, because how you respond from day one can affect what happens next.

What a PIP is not

It is worth being clear about what a performance improvement plan is not.

A PIP is not a disciplinary procedure. Disciplinary procedures deal with conduct — your behaviour at work. A PIP deals with capability — your ability to perform the role.

A PIP is also not a guarantee of dismissal. Many employees complete PIPs successfully and continue in their roles. The purpose of a properly conducted PIP is to give you a structured opportunity to improve, with support and clear targets.

However, a PIP is also frequently misused. Some employers use the process not as a genuine attempt to support improvement, but as a route to managing an employee out of the organisation. Understanding the difference matters.

What should happen before a PIP begins

ACAS guidance is clear that a performance improvement plan should not be the first step when concerns about performance arise. Before a formal PIP begins, your employer should ordinarily have:

spoken to you informally about performance concerns
given you an opportunity to respond
provided appropriate support, such as training, coaching, or clearer guidance
allowed you a reasonable period to improve following informal discussions

If a PIP has been placed on you without any prior conversations about performance, that may be relevant to whether the process is fair.

You can learn more about the standards your employer is expected to follow in our guide to
The ACAS Code of Practice Explained Simply

What a fair performance improvement plan should include

A PIP that is being used fairly and in line with ACAS guidance should clearly set out:

the specific performance concerns, with examples
measurable and realistic targets for improvement
a reasonable timeframe — typically between four and twelve weeks, depending on the nature of the role and the concerns
the support your employer will provide during the process
when review meetings will take place
what will happen if you meet the targets
what will happen if the targets are not met

If the PIP you have been given is vague, sets targets that appear impossible, provides no support, or gives an unrealistically short timeframe, those issues may be relevant to whether the process is fair.

Your rights during the PIP process

Understanding your rights at each stage of a performance improvement plan helps you respond to the process effectively.

At PIP review meetings

Regular review meetings will usually take place throughout the PIP period to assess your progress. These are not formal capability hearings — they are progress discussions. There is no statutory right to be accompanied at review meetings of this kind, although your employer's own policy may allow it. It is worth checking your employer's capability or disciplinary procedure to see what it says.

At formal capability hearings

If your employer decides to take formal action — such as issuing a formal warning or considering dismissal — that will take place at a formal capability hearing. A formal capability hearing that could result in a warning, demotion, or dismissal is covered by your statutory right to be accompanied. At that hearing, you have the legal right under the Employment Relations Act 1999 to bring a companion who is either a work colleague or a trade union representative.

You can read more about this in our guide to
Your Right to Be Accompanied at Work Hearings

Your right to respond

Throughout the PIP process, you should be given a proper opportunity to respond to the concerns being raised. This includes the chance to dispute targets you believe are unfair, raise concerns about the support provided, or explain circumstances that may have affected your performance.

Your right to appeal

If your employer takes formal action at the end of a PIP — such as issuing a final written warning or dismissing you — you have the right to appeal that decision. Appeals should be handled by someone not involved in the original process.

You can read more in our guide to
How to Appeal a Disciplinary or Grievance Outcome (Scotland)

Should you sign the performance improvement plan?

This is one of the most common questions employees have when a PIP is presented to them.

Not all PIPs require a signature. If yours does, be careful about what signing is understood to mean.

If you are asked to sign and you disagree with the performance concerns or the targets set, you should not sign in a way that implies you accept the assessment. If you are required to sign to acknowledge receipt of the document, it is reasonable to add a note alongside your signature making clear that your signature confirms receipt only, and does not indicate agreement with the contents.

If you are in any doubt, seek independent advice before signing.

Start your record immediately

Whatever you think about the PIP, the most important practical step you can take right now is to start a written record.

A contemporaneous timeline is a running log of events made at the time they happen. Notes made at the time carry far more weight with investigators, managers, and employment tribunals than recollections written weeks or months later.

For each relevant event, note:

the date, time, and location
what was said and by whom, as accurately as you can recall
who else was present
how it affected you
any action taken and any response received

Alongside your notes, keep copies of:

the PIP document itself
all correspondence about the PIP
previous appraisals or performance reviews
emails or messages relevant to your performance
any previous informal discussions about performance
details of the support your employer did or did not provide

Keep your records somewhere private — on a personal device, not a work computer or work email account.

A clear and well-maintained record can be important if the PIP process is later challenged, if a grievance is raised, or if the matter reaches an employment tribunal.

When a performance improvement plan may be unfair

Not every PIP is a genuine attempt to support improvement. There are situations where a PIP may be being used unfairly, and where you may need to take further steps to protect yourself.

A PIP may be being used unfairly where:

no informal discussions about performance took place before the formal process began
the targets set are unrealistic, unachievable, or significantly different from what was previously expected
the timeframe is too short to demonstrate genuine improvement
the promised support is not being provided
the PIP follows closely after you raised a grievance, made a complaint, or exercised a legal right
the PIP appears to be connected to a protected characteristic such as age, disability, sex, race, or religion
colleagues in comparable roles are not being treated in the same way
the concerns raised do not reflect feedback you have previously received

Where a PIP is being used as a mechanism to remove an employee rather than to support improvement, this may constitute unfair dismissal or constructive dismissal depending on the circumstances.

You can learn more about when leaving your job may itself count as dismissal in our guide to
Constructive Dismissal in Scotland — When Leaving Your Job May Still Count as Dismissal

If you believe the PIP has been triggered because you raised a concern or exercised a right, our guide to
When to Raise a Formal Grievance at Work in Scotland
may help you understand whether a formal grievance is appropriate alongside the PIP process.

If you are off sick when the PIP begins

Being placed on a performance improvement plan while you are absent due to illness raises additional considerations that are worth understanding from the outset.

Where performance concerns are connected to a health condition, ACAS guidance is that your employer should first explore whether the issue is one of capability related to illness rather than a straightforward performance failing. In those circumstances, your employer should seek appropriate medical information — usually with your consent — and consider whether adjustments or additional support could address the concerns before formal action begins.

If you have a disability, your employer has a legal obligation under the Equality Act 2010 to make reasonable adjustments. Placing someone on a PIP without considering whether reasonable adjustments might be appropriate first may amount to disability discrimination.

If you are off sick when a PIP is issued, or if you become unwell during the PIP period, it is important to communicate with your employer in writing and to seek independent advice as early as possible. The interaction between sickness absence and capability procedures is one of the areas where getting the right support from the start can make the most difference to the outcome.

The two-year qualifying period and what it means for you

Most employees need two years of continuous service to bring an ordinary unfair dismissal claim if they are dismissed following a PIP.

However, some protections apply from day one regardless of length of service. If a PIP — or a dismissal that follows it — is connected to a protected characteristic such as disability, race, sex, pregnancy, or religion, a discrimination claim may be possible without any qualifying period. The same applies if the PIP follows whistleblowing or the exercise of certain legal rights.

It is also worth noting that the Employment Rights Act 2025 is expected to reduce the qualifying period for ordinary unfair dismissal from two years to six months, anticipated from January 2027, subject to commencement regulations. If this change comes into force, significantly more employees across Scotland will have protection from unfair dismissal from a much earlier stage in their employment.

If you have less than two years of service and believe the PIP is connected to any of these circumstances, seeking advice early is particularly important.

What happens at the end of a PIP

When the PIP period concludes, your employer will review whether you have met the targets set.

Possible outcomes include:

the PIP concludes successfully and no further action is taken
the PIP period is extended if you have made progress but not reached the full standard
a formal capability hearing is arranged if the targets have not been met

If a formal capability hearing is arranged, you will have the right to be accompanied, the right to respond to the concerns, and the right to appeal any formal outcome.

You can read more about what happens at a formal hearing in our guide to
Facing a Disciplinary Hearing? Here's What to Expect

Common worries when placed on a PIP

Many employees across Scotland feel a range of difficult emotions when they are placed on a performance improvement plan.

Common concerns include:

fear that the PIP is designed to lead to dismissal
worry about whether the performance concerns are fair
uncertainty about how to respond to targets they disagree with
anxiety about review meetings and what to say
concern about how the process might affect future employment

These concerns are understandable. Knowing what a fair process should look like, and taking the right steps early, can make the situation feel more manageable.

Support is available

Being placed on a performance improvement plan can affect your confidence, wellbeing, and sense of security at work. It is completely normal to feel anxious or uncertain about what lies ahead.

Many employees across Scotland — including those in Glasgow, Edinburgh, and surrounding areas — go through this process without knowing what their rights are or what they should do. The earlier you seek support, the more options are available to you.

Understanding the process, keeping a clear record, and taking advice early can make a significant difference to how the situation develops.

How Ark Advocacy can help

Ark Advocacy supports employees at the earliest stages of a workplace process — including the moment a PIP has just been issued, before anything has escalated or been formally decided. This is often where support makes the greatest difference, because it is the point at which the most options remain open.

We can help you:

review the PIP document and assess whether it meets the standards a fair process requires
check your employer's capability and disciplinary policies for gaps or inconsistencies
identify whether informal steps were taken before the formal process began
begin building a clear and credible contemporaneous timeline from day one
prepare your responses at review meetings
assess whether a formal grievance is appropriate alongside the PIP process
prepare for any formal capability hearing that follows

You do not need to wait until things escalate. If you have just been placed on a PIP and are unsure what to do next, the earlier you seek support, the more options you are likely to have.

Get in touch with Ark Advocacy Scotland to find out how we can help.

FAQ

Does a PIP always lead to dismissal?

No. Many employees complete a performance improvement plan successfully and continue in their roles. A properly conducted PIP is designed to give you a genuine opportunity to improve with clear targets and support. However, it is a formal process and how you respond from the start matters.

How long should a performance improvement plan last?

Typically between four and twelve weeks, depending on the nature of the role and the concerns raised. ACAS expects the timeframe to be reasonable and long enough to give a genuine opportunity to improve. A PIP of less than four weeks is generally considered too short to allow meaningful improvement to be demonstrated. Some roles may justify a longer period.

Is a PIP a disciplinary process?

No. A PIP is a capability process, which deals with your ability to meet the performance standards required for your role. A disciplinary process deals with conduct — your behaviour at work. The two are different, though they can sometimes overlap.

What should a fair PIP include?

A fair PIP should include specific and measurable performance targets, a realistic timeframe for improvement, details of the support your employer will provide, a schedule of review meetings, and a clear explanation of what will happen if targets are or are not met.

Can I be put on a PIP without any prior warning?

ACAS guidance states that informal steps should ordinarily be taken before a formal PIP is started. If your employer has placed you on a formal PIP without any prior conversations about performance, that may be relevant to whether the process is fair.

Do I have the right to be accompanied during the PIP?

There is no statutory right to be accompanied at regular PIP review meetings. However, if a formal capability hearing takes place that could result in a warning or dismissal, you do have the legal right to bring a companion. Check your employer's own policy, as it may extend the right to review meetings as well.

Should I sign the PIP if I disagree with it?

If you are asked to sign and you disagree with the contents, you should not sign in a way that implies you accept the performance assessment. If you must sign to acknowledge receipt, consider adding a written note that your signature confirms receipt only and not agreement. Seek independent advice if you are unsure.

What if I think the PIP is being used to push me out?

If you believe the PIP is not a genuine improvement process — for example, because the targets are unrealistic, no support is being provided, or the PIP follows a complaint you raised — this may be relevant to a grievance or an unfair dismissal claim. Keeping a detailed record from the start is particularly important in this situation.

What if I am off sick when the PIP begins?

If your performance concerns are related to a health condition, your employer should first explore whether adjustments or additional support could address the issue before starting a formal PIP. If you have a disability, your employer has a legal obligation to consider reasonable adjustments under the Equality Act 2010. Seeking independent advice early is especially important in this situation.

What happens if I do not meet the targets in the PIP?

If you do not meet the targets, your employer may arrange a formal capability hearing. At that hearing, you have the right to be accompanied, the right to respond to the concerns, and the right to appeal any formal outcome including dismissal.

Disclaimer: This article provides general information and is not legal advice. Employment situations are fact-specific, and strict time limits can apply.

About the Author

Ark Advocacy provides structured workplace support for employees across Scotland facing investigations, disciplinaries, grievances, and dismissal processes.

All articles are written and reviewed using recognised UK workplace procedure standards, including ACAS Code of Practice guidance where applicable.

Put on a Performance Improvement Plan in Scotland? Here's What to Do