Performance concerns should be handled fairly and with an open mind. A performance improvement plan (PIP) can record concerns and support, but there is no statutory 30-to-90-day PIP template and a PIP is not automatically a breach of contract. Constructive dismissal generally involves an employee resigning in response to a fundamental breach; it is not the automatic outcome of a disputed target.
Start with specific examples of work that falls below a reasonable standard. Share them with the employee, ask for their account and consider training, resources, workload, supervision or other causes. Targets should be relevant and achievable in context; agree review points and record support offered. A written plan can explain standards, timescales, possible next steps and how the employee can challenge inaccuracies. Adjust it where circumstances materially change.
If a disability may be relevant, consider whether the employer knows or ought reasonably to know of it and whether reasonable adjustments are needed. Ask sensitively about work-related support rather than demanding a diagnosis. Occupational health advice may help; a mental health condition or neurodivergence is not automatically a legal disability in every case. Consider alternatives to dismissal and avoid using performance management to disguise a redundancy decision.
For a formal capability or disciplinary process in Great Britain, follow a fair procedure and the applicable Acas Code, including an opportunity to respond and appeal. An unreasonable breach of the Code can lead to a discretionary compensation adjustment of up to 25% in relevant cases, not an automatic penalty. Monitoring should be proportionate and consistent; disproportionate conduct may create legal risk but is not necessarily statutory harassment without the relevant protected-characteristic connection. Northern Ireland has separate rules and LRA guidance.
The right response depends on the facts: there is no guaranteed 'tribunal-proof' plan. Anonymous success or failure stories and unverified EHRC trend claims are not evidence.
👉 Employer guidance: https://myredundancyrights.co.uk/employer
Official guidance: Acas performance management; Acas capability procedures; Acas supporting disabled employees; EHRC guidance.