Chapter 6 of 10 · Trouble at work · 6 of 9
Performance improvement plans in Ireland: your rights and how to respond
Checked 13 Oct 2026the employment Acts as amended.
A PIP has no statutory definition in Ireland, but the Code (S.I. No. 146/2000) and the Unfair Dismissals Acts shape it: clear targets, support, time to improve, warnings before dismissal and an appeal.
Written for employees. This guide covers the Republic of Ireland.
A performance improvement plan (PIP, see the glossary) is a written plan setting out where your employer says your work falls short, what it expects, and by when. It has no statutory definition in Ireland. What gives it legal shape is the Unfair Dismissals Acts 1977 to 2015, under which capability is one of the fair reasons for dismissal but only if the employer acted reasonably, and the Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000), which expects warnings and a fair process before anyone is let go for performance. This guide explains what a PIP should contain, how long it should last, when it may be a prelude to dismissal, and how to respond.
What a PIP is
A PIP sits in the capability track of your employer's procedures, as distinct from the conduct track. Conduct is about what you did; capability is about whether you can do the job to the standard required. A PIP normally:
- names the areas where performance is said to fall short;
- sets targets or standards to be reached;
- names the support to be provided (training, coaching, closer supervision, a mentor);
- sets a period, with review meetings;
- says what happens if the targets are met, and if they are not.
A PIP is not itself a disciplinary sanction. It should not be a warning in disguise, and if your employer wants to issue a warning for performance it should do so under the disciplinary procedure with the hearing and the appeal that go with it. Where a procedure runs the two together (a PIP with a first written warning attached), the warning stage carries all the rights in disciplinary procedure.
Your rights in a PIP
The Code and the Unfair Dismissals Acts between them give you these.
| Right | Why it matters |
|---|---|
| To be told in writing what the shortfall is, with examples | You cannot improve against "needs to be better" |
| Targets that are specific, measurable and achievable in the period | Impossible targets make the plan a paper trail |
| The training, support and resources needed | A plan with no support is the first sign of a sham |
| A reasonable period to improve | Long enough for the targets, not a fortnight for a year's alleged shortfall |
| Regular review meetings with written notes | So progress is recorded, not remembered |
| To be accompanied at any meeting that could lead to a warning | The Code's right to representation |
| Warnings before dismissal | The Code's staged procedure applies to capability as to conduct |
| An appeal against any warning or the final outcome | The Code |
| To raise factors the employer has ignored | Workload, ill health, a change of role, a lack of training |
If any of these is missing, say so in writing at the time. The WRC reads the correspondence, and a reader who asked for support and did not get it is in a very different position from one who stayed silent.
How long should it last?
There is no period fixed in law. Most PIPs run for 4 to 12 weeks, with reviews at intervals, and the right length is the one that makes the targets realistic. Two patterns draw criticism at the WRC: a plan so short that nobody could meet it, and a plan extended again and again with no decision, which leaves you under a cloud for months. If the period is unrealistic, say so in writing and propose one that is not.
When a PIP is a prelude to dismissal
A genuine PIP is an attempt to help you meet the standard. A sham one is a record built to justify a decision already taken. The signs:
- targets that nobody in the role could meet in the time;
- no training, support or resources, or support promised and not given;
- the manager has already said, or written, what the outcome will be;
- the plan arrives straight after you raised a grievance, made a complaint of discrimination or harassment, made a protected disclosure, asked for a statutory right, or returned from maternity, parental or sick leave;
- the alleged shortfall was never mentioned in appraisals, reviews or pay decisions before now;
- review meetings are missed or produce no notes;
- the "improvement" needed shifts each time you meet it.
None of these decides the matter on its own. What they do is build a record that the process was not reasonable, which is the question the WRC asks when a capability dismissal reaches it. The employer must show it had a fair reason (that you could not do the job) and that it acted reasonably (warnings, support, time, a hearing, an appeal). A dismissal at the end of a sham PIP may be unfair, and the compensation is for financial loss, up to 104 weeks' pay; see unfair dismissal and the awards register.
A PIP after a complaint or a return from leave
This pattern has its own law.
- After a complaint of discrimination or harassment, or after supporting a colleague's complaint: adverse treatment because of it is victimisation under the Employment Equality Acts, a separate claim with its own compensation of up to 104 weeks' pay. See discrimination at work.
- After a protected disclosure: adverse treatment is penalisation under the Protected Disclosures Acts 2014 to 2022, where the burden is on the employer to show the treatment was for other reasons, and compensation can reach five years' pay. See whistleblowing.
- After maternity, parental or other statutory leave: you have the right to return to the same job on the same terms, and a dismissal for having taken leave needs no minimum service to claim.
- After a period of certified illness, especially for a mental-health condition: the employer's duty of reasonable accommodation for a disability may apply, and a plan that ignores the illness may be discriminatory as well as unfair. See stress leave and mental health.
In each case the dates are the evidence. Note the date of the complaint or return and the date the plan was first mentioned.
How to respond in writing
Respond to the plan in writing, within a few days of receiving it, and keep a copy. A good response:
- Acknowledges the plan and the date you received it, and says you want to meet the standard.
- Goes through each target and says whether it is clear, measurable and achievable in the time, and where it is not, says why and proposes an alternative.
- Names the support, training or resources you need and asks for them to be confirmed.
- Sets out any factors the plan ignores: workload compared with colleagues, a change of role or system, a period of illness, a lack of induction or training, understaffing.
- Notes anything about the timing: a complaint, a disclosure, a return from leave, a previous appraisal that was positive.
- Asks for written notes of each review meeting and confirmation of the review dates.
- Asks to be accompanied at review meetings where the outcome could be a warning.
Our letter builder drafts a response in that shape. Keep the tone cooperative; the record you want is one of an employee who engaged fully and asked for what the Code expects.
During the plan
Do the work and record it. Keep your own log of what you did against each target, with dates and evidence. Ask for feedback in writing after each review. If a review meeting is missed, note it and ask for it to be rescheduled. If the support promised does not arrive, write and ask for it. If your health is affected, see your GP; a certified absence pauses the plan in most procedures and brings the sick-leave rules into play.
If the plan ends in a warning or dismissal
A warning at the end of a PIP carries all the rights in written warnings and suspension: a hearing, representation, reasons, an appeal. Appeal it if you disagree; an unappealed warning is the foundation of a later dismissal.
A dismissal for capability is examined at the WRC on both substance and procedure, and the employer must show both. The complaint must be made within six months of the dismissal date, extendable to twelve for reasonable cause and never beyond. Twelve months' continuous service is normally needed to claim unfair dismissal, though no minimum applies where the dismissal is for a protected disclosure, for having taken statutory leave, for pregnancy, for union activity or for exercising a statutory right, and a discriminatory dismissal is claimed under the Equality Acts with no minimum service. The WRC deadline tool gives the date.
Where this leaves you
Use the letter builder to draft a written response to the plan that engages with each target and asks for what the Code expects. If you are in a union, ring them first; a union official will go through the plan with you and attend any meeting that could lead to a warning (find your union). If the plan looks like a prelude to dismissal, or follows a complaint or a return from leave, a solicitor can advise before the process reaches its end (find a solicitor).
Frequently asked questions
What are my rights on a performance improvement plan?
To know in writing what the shortfall is and what standard is expected, to targets that are specific and achievable, to the training and support needed to meet them, to a reasonable period, to regular review meetings with notes, to be accompanied at any meeting that could lead to a warning, and to appeal any warning. A dismissal for capability without that process may be unfair.
How long should a performance improvement plan last?
There is no fixed period in law. Most run for 4 to 12 weeks, with review points, and the period should be long enough for the targets to be realistic. A plan that gives two weeks to turn around a year's alleged underperformance, or that is extended again and again with no end, is the kind the WRC looks at closely.
Is a PIP the first step to being fired?
Sometimes, and sometimes not. A genuine plan is an attempt to help you meet the standard; a sham one is a paper trail. The signs of a sham are targets that cannot be met, no support, a plan that starts straight after a complaint or a return from leave, and a manager who has already said the outcome. Respond in writing to each so the record shows it.
Is there a performance improvement plan template for employees?
The templates online are for managers. What you need is a written response: an acknowledgement, your view of each target, what support you need, any factors the plan ignores, and a request for review notes. Our letter builder drafts one.
Can my employer put me on a PIP after I made a complaint?
They can, but a plan that follows a grievance, a discrimination complaint, a protected disclosure or a return from maternity or sick leave may be victimisation or penalisation, which are separate claims with their own compensation. Keep the dates: the gap between the complaint and the plan is the evidence.