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Told your performance isn't good enough? Your rights

What a fair performance process looks like, and what you can do.
‹ All guides · Updated 3 November 2026 · 5 min read · By Fraser Reading

What should happen

Most employers start with an informal conversation: what's expected, where things aren't there yet, and what would help. It isn't a warning, but it's worth taking seriously and writing down what was agreed.

  • You should know the standard expected, ideally as clear, measurable targets.
  • You should get support, such as training, coaching or regular check-ins.
  • You should have a reasonable time to improve, often called a review period.
  • Before any formal meeting, you should be told what it's about, see the evidence, and know what the outcome could be.

Formal meetings and warnings

Poor performance is covered by the Acas Code of Practice, the same as misconduct. If a meeting could lead to a warning or dismissal, you have the right to bring a colleague or a trade union representative. If they can't make the time, you can suggest another time within 5 working days.

A usual process has a first written warning, then a final written warning, each with an improvement plan, before dismissal is considered. Each warning should say how long it stays on your file. You should be able to appeal against each one.

If something's affecting your work

Tell your employer if anything is getting in the way: your health, a disability, caring responsibilities, workload, or unclear instructions. It's better said early, and in writing.

If you have a disability, your employer must make reasonable adjustments, such as changes to targets, equipment, hours or training. Treating you unfavourably because of something arising from a disability can be discrimination unless it's justified.

If it ends in dismissal

Dismissal for poor performance can be fair, but only if you knew the standard, had support and a fair chance to improve, were warned, and other options, such as another role, were considered.

From 1 January 2027, you can claim unfair dismissal after 6 months' service, instead of 2 years. Discrimination claims need no service. Tribunal time limits are 6 months for acts from 1 October 2026, and you must contact Acas for early conciliation first.

General guidance, not legal, tax or financial advice. If you're unsure about your own situation, Acas gives free, impartial advice on 0300 123 1100.

Sources: Acas: Managing performance · Acas: Code of Practice on disciplinary and grievance procedures · Employment Relations Act 1999, section 10