Unsatisfactory Performance
and Gross Incompetence
Poor performance, poor attendance and gross incompetence are not misconduct. They run under the Police (Performance) Regulations 2020, which changed on 28 May 2025 from three stages to two. Here is how the procedure works now, what gross incompetence means, how health and disability fit in, and where it can end.
Independent information, not advice · Sources checked 30 September 2026 · England and Wales unless stated
It runs under the Police (Performance) Regulations 2020, not the misconduct rules. Since 28 May 2025 there are two stages: a first stage meeting with your line manager, leading to a written improvement notice and normally three months to improve, then a second stage panel that can dismiss. Gross incompetence can go straight to that panel. Matters raised before 28 May 2025 stay under the old three-stage process.
What the performance procedure covers
The Police (Performance) Regulations 2020 (SI 2020/3) deal with officers whose performance or attendance is unsatisfactory, and with gross incompetence. Regulation 4(2) defines unsatisfactory performance or attendance as "an inability or failure of a police officer to perform the duties of the role or rank the officer is currently undertaking to a satisfactory standard or level". The procedure is often called UPP (unsatisfactory performance procedures) or UAP when it is about attendance. It is not a disciplinary finding about your conduct.
Who it applies to (regulation 2):
- officers up to and including chief superintendent, and special constables;
- not officers above chief superintendent;
- not constables who have not completed probation, who are dealt with under regulation 13 of the Police Regulations 2003 instead.
A performance case can also start from a conduct case. When professional standards assess an allegation and decide it would not be misconduct if proved, one option is to refer it to be dealt with under the Performance Regulations (Conduct Regulations, regulation 14(2)(b)). The same is possible after an investigation, and since 2025 from a vetting assessment. Minor practice issues can instead go to reflective practice review.
Home Office statutory guidance (paras 14.8 to 14.13) expects line managers to deal with early signs of underperformance informally: a supportive discussion, agreed actions, a note on your development record, and a reasonable time to improve before formal action. Where problems relate to personal or domestic circumstances it says welfare support should be considered, and where an officer has or may have a disability, managers should take particular account of it. The guidance also says a referral to the formal procedure will usually follow a consistent pattern rather than a one-off issue (para 4.63).
Gross incompetence, and how it differs from gross misconduct
Gross incompetence is "a serious inability or serious failure of a police officer to perform the duties of the officer's rank or the role the officer is currently undertaking to a satisfactory standard or level, without taking into account the officer's attendance, to the extent that dismissal would be justified" (regulation 4(1)). Attendance can never be gross incompetence.
The Home Office guidance says the direct route is for "a single incident of gross incompetence" and that it is not envisaged for a series of acts over time (paras 4.64 and 17.7). Where the appropriate authority decides performance is gross incompetence, or the IOPC directs or recommends it after an investigation, you go straight to a second stage meeting without a first stage (regulation 32).
| Gross incompetence | Gross misconduct | |
|---|---|---|
| Definition | Serious inability or serious failure to perform the duties of your rank or role, ignoring attendance, to the extent dismissal would be justified (Performance Regs reg 4) | Breach of the Standards of Professional Behaviour so serious as to justify dismissal; conviction of an indictable-only offence counts (Conduct Regs reg 2) |
| How it starts | Appropriate authority decides the performance is gross incompetence, or the IOPC directs or recommends it (reg 32). If delegated, the decision must be authorised by an officer above chief superintendent (reg 4(5)) | Complaint, conduct matter or recordable matter; severity assessment and investigation |
| Forum | Second stage meeting with a three-person panel, in private unless the IOPC directs otherwise (reg 42) | Misconduct hearing or accelerated misconduct hearing |
| Legal representation | Yes (reg 6) | Yes, at a hearing (Conduct Regs reg 8) |
| Outcomes | Dismissal with immediate effect, reduction in rank, written improvement notice, redeployment; if only unsatisfactory performance is found, a written improvement notice must be issued | Dismissal without notice, or in exceptional circumstances a final written warning or reduction in rank |
| Barred list | Included if dismissed; may apply for removal after 3 years | Included if dismissed; may apply after 5 years; entry published |
If the panel at a gross incompetence meeting finds unsatisfactory performance rather than gross incompetence, it must issue a written improvement notice (regulation 46(6)). Where the case came from an IOPC investigation, the IOPC may attend to make representations and the complainant may observe (regulations 40 and 41).
The two stages, step by step (from 28 May 2025)
The 2025 amending regulations "omit Part 4 and thereby reduce the previous three-stage system to a two-stage process", in the words of their explanatory note. There is no longer a final written improvement notice. This is the sequence for a case that starts on or after 28 May 2025:
- Notice of a first stage meeting. Your line manager gives you written notice summarising why your performance or attendance is considered unsatisfactory, the possible outcomes of both stages, and your right to a police friend and to staff association advice, with copies of the documents relied on (regulation 16).
- First stage meeting. Conducted by your line manager. You and your police friend can respond. If the manager finds your performance or attendance unsatisfactory, they must tell you in what respect, what improvement is needed and the improvement period (regulation 17(6)). They may also recommend you seek help with health or welfare (regulation 17(7)).
- Written record and written improvement notice. Prepared as soon as reasonably practicable. The notice is valid for 12 months (regulation 18). You can comment on the record within 7 working days, or appeal instead.
- Optional appeal to the appeal manager. Within 7 working days (regulations 19 to 21).
- Assessment at the end of the improvement period. Your line manager, consulting the appeal manager or an HR professional, assesses whether you improved enough and tells you in writing (regulation 30(1)).
- If not, a second stage meeting. You can also be required to attend one if you improved but did not maintain it for the rest of the 12-month validity period (regulation 30(4)). The second stage must concern performance or attendance similar to or connected with what was in the improvement notice (regulation 30(6)).
- Second stage meeting and outcome. A three-person panel hears the case, a verbatim record is taken (regulation 44(5)) and you receive the written decision within 3 working days (regulation 45(3)).
| First stage meeting | Second stage meeting | |
|---|---|---|
| Who starts it | Your line manager, where they consider your performance or attendance unsatisfactory (reg 15) | Your line manager after an improvement period, or the appropriate authority directly for gross incompetence (regs 30, 32) |
| Who conducts it | Your line manager; an HR professional or police officer may attend to advise (reg 17) | A panel of three appointed by the chief officer (reg 34), chaired by an officer above chief superintendent or a senior HR professional |
| Your representation | Police friend (reg 5) | Police friend; a lawyer of your choice only in gross incompetence cases under reg 32 (reg 6) |
| Time limits | You can propose a new time within 5 working days of the one set (reg 16) | Your written response within 14 working days; meeting within 30 working days of the notice, extendable by the chair (regs 36, 38) |
| Possible outcomes | Finding and written improvement notice, or no finding | Dismissal with notice (minimum 28 days), reduction in rank (not for attendance), redeployment, or in exceptional circumstances an extended notice. For gross incompetence: dismissal with immediate effect, reduction in rank, a written improvement notice or redeployment (reg 46) |
| Appeal | To an appeal manager within 7 working days (reg 19) | To a police appeals tribunal within 10 working days (PAT Rules r 5, r 9) |
Written improvement notices and improvement periods
Two different periods run from a written improvement notice, and it helps to keep them apart:
- Extensions. The appropriate authority can extend an improvement period, on your application or otherwise, but not so that it exceeds 12 months in total unless there are exceptional circumstances (regulation 10).
- Career breaks. Time on a career break does not count towards these periods (regulation 11).
- Panel extensions. At a second stage meeting, a panel can extend an existing notice only in exceptional circumstances (regulation 46(1)(b)), and cannot extend it again after a further second stage meeting (regulation 49(2)).
- Old records. The 2020 Home Office guidance (para 14.70) says records of UPP should not be taken into account after an improvement notice has ceased to be valid, or after a successful appeal.
The Police Federation's briefing describes the period as "within 3 months, or within 12 months in exceptional circumstances". The regulation itself sets three months as the default and allows a longer reasonable period where circumstances justify it, capped at 12 months; the "exceptional circumstances" test applies to extensions beyond 12 months under regulation 10. We quote the regulation.
The role of your line manager
Your line manager is the person with immediate supervisory responsibility for you, and can be a police officer or police staff member (regulation 4). Under the regulations they:
- decide whether to start the formal procedure at all (regulation 15 uses "may", and the guidance stresses this is a discretion);
- conduct the first stage meeting, with an HR professional or police officer able to attend to advise them;
- set the improvement required and the improvement period;
- assess your performance or attendance at the end of the period, in consultation with the appeal manager or an HR professional;
- decide whether to require a second stage meeting.
A senior manager can appoint a nominated person to carry out the line manager's or appeal manager's functions, but the same person cannot do both (regulation 9). Home Office guidance says dealing appropriately with performance does not constitute bullying, and that an officer who thinks they are being treated unfairly has the appeal routes at each stage (para 14.5).
Who sits on the panel, and how appeals work
Second stage panel (regulation 34)
- Three members, appointed by the chief officer, including at least one police officer and one HR professional.
- Chair: an officer above the rank of chief superintendent (including someone acting in that role) or a senior HR professional.
- The other two: officers or HR professionals or police staff of at least superintendent rank or equivalent.
- Every member must be at least your rank or equivalent, and no one whose appointment could reasonably raise a concern about impartiality.
- You can object to any member in writing within 3 working days of being told their names (regulation 35).
The meeting is in private unless the IOPC directs otherwise in a gross incompetence case arising from its own investigation (regulation 42). If you cannot attend for reasons the chair considers reasonable, the chair can allow you to take part by video link (regulation 38(9)). Findings are by simple majority (regulation 45(5)).
Appeals
- First stage: written notice to the appeal manager within 7 working days of receiving the record and notice (extendable on application). The meeting should take place within 7 working days of the appeal manager receiving it, and the decision must reach you within 3 working days of the meeting. The appeal manager can confirm or reverse the finding and confirm or vary the terms of the notice (regulations 19 to 21).
- Second stage: appeal to a police appeals tribunal within 10 working days of first receiving the written decision, sent to the local policing body (usually the police and crime commissioner). Late appeals are possible only if it was not reasonably practicable to meet the deadline (rules 9 and 10). You cannot appeal a finding you accepted (rule 5(3)).
- Grounds for a tribunal appeal: the finding or outcome was unreasonable; new evidence that could not reasonably have been considered; a breach of procedure or unfairness that could have materially affected the result; or, for a meeting after an improvement notice, that it did not concern similar or connected performance (rule 5(6)).
Deadlines and preparing for a second stage meeting
The Performance Regulations run on working days (any day except weekends, Christmas Day, Good Friday and bank holidays in England and Wales, regulation 4). Most limits run from the first working day after you receive a notice, and notices sent by email count as received that day if sent before 4.30pm on a working day (regulation 7(3)). These are the limits we verified in the amended regulations.
| Step | Who acts | Time limit (working days) | Regulation |
|---|---|---|---|
| Propose a different time for a first stage meeting | You | An alternative within 5 working days of the time set, if you or your police friend cannot attend | 16(6), 16(7) |
| Comment on the first stage written record | You | 7, from the first working day after receipt (extendable), unless you appeal instead | 18(7) to 18(9) |
| Appeal a first stage finding or notice | You, to the appeal manager | 7, from the first working day after receipt of the record and notice (extendable) | 19(5), 19(7) |
| Hold the first stage appeal meeting | Appeal manager | 7 after receiving the appeal, unless necessary or expedient to go later (with written reasons) | 19(8), 19(9) |
| Decision on a first stage appeal | Appeal manager | 3 after the appeal meeting | 21(9) |
| Object to a second stage panel member | You | 3 after being told the panel names | 35(2) |
| Written response to the second stage notice | You | 14 after the notice (extendable by the chair for exceptional circumstances) | 36(1), 36(2) |
| Exchange witness lists | You and the senior manager | 3 after your written response | 36(4) |
| Hold the second stage meeting | Panel chair | 30 after the notice, extendable in the interests of fairness | 38(1), 38(2) |
| Written decision | Panel chair | 3 after the meeting | 45(3) |
| Appeal to a police appeals tribunal | You | 10 after first receiving the written decision | PAT Rules r 9 |
Your written response to a second stage notice must say whether you accept the finding. If you do, you can add written mitigation. If you do not, you set out what you dispute, your account and any points of law, and you must send the panel and the force any documents you will rely on (regulation 36). Witnesses only give evidence if the chair reasonably believes it is necessary in the interests of fairness (regulation 37(4)).
If you accept that your performance or attendance was unsatisfactory, or that you were grossly incompetent, you cannot later appeal that finding to a police appeals tribunal (PAT Rules 2020, rule 5(3)). Take advice before you decide what to say in your response.
Attendance, sickness, disability and pregnancy
Attendance cases use the same regulations and stages. The differences in the regulations are narrow: gross incompetence excludes attendance, and a panel cannot reduce an officer in rank at a meeting about attendance (regulation 46(4)(b)). The protections come mainly from equality law and from the Home Office guidance.
Disability
For equality law purposes, the office of constable is treated as employment by the chief officer (Equality Act 2010, section 42). That brings in the duty to make reasonable adjustments (section 20) and protection from unfavourable treatment because of something arising from a disability, unless the force can show it is a proportionate means of achieving a legitimate aim (section 15). The Home Office guidance says:
- where the force knows or thinks an officer may be disabled, "active consideration should be given to whether to commence the formal stages" at all (para 14.14);
- it is good practice to treat an officer as disabled if the force considers they may be (para 19.22);
- disability-related absence should be recorded separately (para 19.8(i));
- where attendance or performance is seriously impaired by a disability, the force should keep under review whether the procedure is appropriate at all, or whether ill-health retirement is more appropriate (para 14.17).
The Police Federation's national board said in May 2022 that "UPP is not designed to manage disability related absences", and stressed following adjusted duties procedures so reasonable adjustments can be made. See restricted and adjusted duties and the occupational health process.
Pregnancy and maternity
Section 18 of the Equality Act 2010 makes it discrimination to treat a woman unfavourably because of her pregnancy, or because of pregnancy-related illness in the protected period, or because she is on or has taken maternity leave. The Home Office guidance tells forces to set out how maternity-related absence is recorded and handled. Gwent Police Federation's sickness FAQ says pregnancy-related absence should be excluded from trigger points. How triggers work is force policy, so check yours; we found no national Home Office statement going further than the guidance above.
Ill-health retirement and the SMP
If your absence may be permanent, the pension route may be the right one rather than UPP. The guidance says nothing in the performance procedure should prevent or delay retirement where an officer would normally be retired on medical grounds (para 14.60). Where you have been referred to the selected medical practitioner (SMP) on permanent disablement, or you are appealing that decision, no attendance action should be started or continued until it is resolved, unless the attendance problem is unrelated to that condition (paras 14.63 to 14.65). See ill-health retirement and long-term sickness.
The guidance says attending a UPP meeting is not the same as reporting for duty: an illness may make you unfit for duty without making you unable to attend. A meeting may be deferred while you are incapacitated, held somewhere convenient or joined by video, but it will not be deferred indefinitely (paras 14.56 to 14.59).
The guidance also says compulsory retirement of 1987 and 2006 scheme officers with full service (regulation A19 and regulation 20) should not be used instead of UPP to remove an officer for performance or attendance where there is no wider force efficiency issue (paras 14.67 and 14.68).
Old rules or new: which procedure applies to you
Regulation 65 of SI 2025/558 says the 2025 changes do not apply to unsatisfactory performance or attendance or gross incompetence that came to the attention of your line manager or a chief officer before 28 May 2025, or that came to attention later but relates to a matter already being handled under the previous rules. Those cases continue under the three-stage procedure, including a final written improvement notice and a third stage meeting.
An officer's line manager raised concerns about file quality in April 2025 and a first stage meeting was held in June 2025. Because the matter came to attention before 28 May 2025, it stays under the old three-stage rules. A separate, unconnected attendance concern first raised in January 2026 would be handled under the two-stage rules. If you are unsure which applies, ask for the date the force says the matter came to attention and check it with your Federation representative.
The route from performance concerns to dismissal
For unsatisfactory performance or attendance under the new rules, dismissal can only follow:
- a first stage finding and a written improvement notice;
- failure to improve enough in the improvement period, or to maintain it for the rest of the 12 months;
- a second stage meeting at which the panel finds your performance or attendance unsatisfactory;
- a decision by the panel to order dismissal with notice, with a notice period of at least 28 days (regulation 46(3)(a)).
Before deciding the outcome, the panel must consider your record of service and give you or your police friend, and the force, the chance to make representations (regulation 46(5)). For gross incompetence the route is shorter: a single second stage meeting, with dismissal with immediate effect among the options.
Police officers are not employees for ordinary unfair dismissal law: section 200 of the Employment Rights Act 1996 excludes police service from Part X, apart from the health and safety and whistleblowing provisions. The route to challenge a performance dismissal is the police appeals tribunal, and equality claims can still go to an employment tribunal because of section 42 of the Equality Act 2010.
Pension and barred-list consequences
- Barred list. A dismissal under the Performance Regulations is reported to the College of Policing (Police Act 1996, section 88A) and you are included in the barred list. The notice of the second stage meeting must warn you of this.
- How long. For unsatisfactory performance or attendance (not gross incompetence), removal is automatic after 12 months (Barred List Regulations 2017, regulation 8). For gross incompetence, you can apply for removal after three years (regulation 7(10)(a)); for a misconduct dismissal it is five years.
- Publication. The requirement to publish barred-list entries applies to officers dismissed under the Conduct Regulations (regulation 10 of the 2017 Regulations), not to performance dismissals.
- Pension. Dismissal ends pensionable service. Pension forfeiture in the 2015 scheme (regulation 211) depends on criminal convictions and a Home Secretary's certificate, not on a performance outcome. What your deferred benefits look like depends on your scheme; see pension if dismissed and ask your pension administrator for a statement.
Performance, misconduct, capability and ill-health compared
These routes are often confused, and more than one can be in play at once. The table is a summary; the regulations and your force policy decide the detail.
| Performance and attendance (UPP/UAP) | Misconduct | Capability (police staff) | Ill-health retirement | |
|---|---|---|---|---|
| Question asked | Can you do the job to a satisfactory standard, and attend? | Did your conduct breach the Standards of Professional Behaviour? | Can the employee do the job they are employed to do? | Are you permanently disabled, or permanently medically unfit, as your pension scheme defines it? |
| Rules | Police (Performance) Regulations 2020 | Police (Conduct) Regulations 2020 | Force policy and employment law (ERA 1996, s 98) | Police pension scheme regulations (1987, 2006, 2015) |
| Who decides | Line manager, then a three-person panel | Chair or panel at a meeting or hearing | Manager under force policy; employment tribunal on a claim | Pension authority, on the decision of a selected medical practitioner (SMP) |
| Standard | Balance of probabilities, or admission (reg 8(8)) | Balance of probabilities, or admission | Reasonableness under employment law | Medical decision by the SMP |
| Worst outcome | Dismissal | Dismissal without notice | Dismissal | Not a sanction: retirement with a pension if the tests are met |
| Barred list | Yes if dismissed; automatic removal after 12 months, or apply after 3 years for gross incompetence | Yes if dismissed; apply for removal after 5 years | Yes if dismissed for conduct, efficiency or effectiveness (s 88A(1)(c)) | No |
| Where to read more | This page | Misconduct explained | Police staff hub | Ill-health retirement |
What people often get wrong
What to ask, what to do, who to contact
- On what date does the force say the matter came to attention, and is it under the old or new rules?
- In exactly what respect is my performance or attendance unsatisfactory, and what does "sufficient improvement" look like?
- Why is the improvement period the length it is, and what support will I get during it?
- Has occupational health been asked about any health condition or adjustments?
- Is any absence being counted that relates to disability or pregnancy?
- Who is my appeal manager?
- Contact your Federation or staff association representative as soon as you get a notice.
- Note the date you receive each notice; the 7, 10 and 14 working day limits run from receipt.
- Send the documents you want to rely on before the meeting, as the regulations require.
- Keep your own record of the support offered and of your work during the improvement period.
- If health is part of the picture, speak to your GP and ask for an occupational health referral.
- If the absence might be permanent, ask about ill-health retirement early.
Who can advise: your Police Federation or Police Superintendents' Association representative, your police friend, occupational health, your GP, and for pension questions your pension administrator. For the representation available in formal proceedings, see Federation representation and legal support.
What we could not verify, and how we handled it
- Updated Home Office guidance. The statutory guidance on gov.uk is v1.0 of February 2020 and still describes three stages. The Home Office has said it will update the guidance. We use it only for principles the 2025 amendments did not change (informal action, disability, SMP referrals, attendance at meetings) and cite the amended regulations for the procedure.
- National rules on pregnancy-related absence. We found the Equality Act protection and a branch Federation statement, but no national Home Office or Federation document on trigger points. Check your force policy.
- Trigger points for attendance. Set by force policy; we give no numbers.
- Tribunal rules wording. Rule 5 of the Police Appeals Tribunals Rules 2020 still refers in two places to a "final written improvement notice", although that notice no longer exists for cases under the new rules. We describe the appeal rights as the rule sets them out and suggest checking with your representative.
- How often each outcome is used. We found no official statistics on performance outcomes and give none.
Frequently Asked Questions
What is gross incompetence in the police?
Regulation 4 of the Police (Performance) Regulations 2020 defines it as a serious inability or serious failure of an officer to perform the duties of their rank or current role to a satisfactory standard, without taking attendance into account, to the extent that dismissal would be justified. It is a performance matter, not misconduct: it is about ability, not a breach of the Standards of Professional Behaviour.
What is the difference between gross incompetence and gross misconduct?
Gross misconduct is a breach of the Standards of Professional Behaviour so serious as to justify dismissal (Police (Conduct) Regulations 2020, regulation 2). Gross incompetence is a serious failure of ability or performance (Performance Regulations, regulation 4). Both can end in dismissal, but they run under different regulations, with different panels and outcomes, and a gross incompetence dismissal has a shorter minimum period before you can apply to come off the barred list (three years rather than five).
How many stages are there in the police unsatisfactory performance procedure?
Two, for matters that came to the attention of your line manager or chief officer on or after 28 May 2025. The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 omitted the old second stage. Matters that came to attention before that date, or relate to a matter already being handled under the old rules, stay under the previous three-stage procedure (SI 2025/558, regulation 65).
How long is a police improvement period?
Three months, unless the line manager (or panel) considers there are circumstances that justify a longer period, in which case a reasonable period of up to 12 months (Performance Regulations, regulations 17(6A) and 46(7A)). The written improvement notice itself is valid for 12 months. If you improve but do not maintain it for the rest of that 12 months, you can be required to attend a second stage meeting.
Can police officers be dismissed for poor performance?
Yes. At a second stage meeting, a panel that finds unsatisfactory performance or attendance can order dismissal with notice (at least 28 days), reduction in rank (not for attendance), redeployment, or in exceptional circumstances an extension of the improvement notice. For gross incompetence the options include dismissal with immediate effect (Performance Regulations, regulation 46).
What is the unsatisfactory attendance procedure for police?
There is no separate set of regulations. The Performance Regulations cover unsatisfactory performance and unsatisfactory attendance with the same two stages. The differences are that gross incompetence excludes attendance, and a panel cannot reduce an officer in rank at a meeting about attendance (regulation 46(4)(b)). Home Office guidance says forces should record disability-related absence separately and take particular care before using the formal procedure with a disabled officer.
Is there a police capability procedure?
For police officers, the formal route is the unsatisfactory performance and attendance procedure under the Performance Regulations, often called UPP or UAP, and sometimes loosely called capability. Police staff are employees, and forces deal with their capability under force policies and employment law, where capability is a potentially fair reason for dismissal under section 98 of the Employment Rights Act 1996.
Who hears an appeal against a first stage finding?
An appeal manager, appointed by the chief officer and senior to your line manager (regulation 4 and 19). You must give written notice of appeal within 7 working days of receiving the written record and improvement notice. The grounds are that the finding or terms were unreasonable, new evidence, or a procedural breach or unfairness that could have materially affected the result.
Can I appeal a second stage decision?
Yes, to a police appeals tribunal, unless you accepted the finding. Notice of appeal goes to the local policing body within 10 working days of first receiving the written decision (Police Appeals Tribunals Rules 2020, rules 5 and 9). The tribunal chair can dismiss an appeal with no real prospect of success after inviting representations (rule 15).
Does a performance dismissal put me on the police barred list?
Yes. The notice of a second stage meeting must tell you that dismissal means your name and a description of the matter will be added to the barred list (regulations 31(1)(e) and 33(1)(e)). For unsatisfactory performance or attendance, removal is automatic after 12 months (Barred List Regulations 2017, regulation 8). For gross incompetence, you can apply for removal after three years (regulation 7).
Can I be taken through UPP while I am off sick or awaiting ill-health retirement?
Being unfit for duty does not automatically stop a meeting, and a meeting can be deferred or held by video link. Home Office guidance (paras 14.63 to 14.65) says no attendance action should start or continue while a referral to the selected medical practitioner on permanent disablement is pending, or while a related appeal is unresolved, unless the attendance issue is unrelated to that condition.
Do the performance regulations apply to probationers?
Not to constables who have not completed probation (regulation 2(2)(b)). Their services can be dispensed with under regulation 13 of the Police Regulations 2003 if the chief officer considers they are not fitted, physically or mentally, or not likely to become efficient or well conducted. The Performance Regulations also do not apply above the rank of chief superintendent.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 30 September 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- Police (Performance) Regulations 2020 (SI 2020/3), latest revised version, legislation.gov.uk — regs 2, 4 (definitions), 5 and 6 (police friend, legal representation), 8(8) (balance of probabilities), 10, 11, 15 to 21 (first stage and appeal), 30 to 49 (second stage, panel, outcomes) (accessed 30 September 2026)
- Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (SI 2025/558), with explanatory note — two stages from 28 May 2025; three-month default improvement period; appeal manager; reg 65 transitional rule (accessed 30 September 2026)
- Police Appeals Tribunals Rules 2020 (SI 2020/1), latest revised version — r 5 (performance appeals and grounds), r 9 (10 working days), r 15 (review of appeal) (accessed 30 September 2026)
- Police Barred List and Police Advisory List Regulations 2017 (SI 2017/1135), regs 7, 8 and 10 — three-year minimum for gross incompetence; automatic removal after 12 months for performance or attendance dismissals; publication for conduct dismissals only (accessed 30 September 2026)
- Police Act 1996, section 88A — duty to report officers dismissed under regulations made under section 50(3) (accessed 30 September 2026)
- Police (Conduct) Regulations 2020 (SI 2020/4), regs 2 and 14 — definition of gross misconduct; referral of a conduct matter to the performance procedure (accessed 30 September 2026)
- Police Regulations 2003 (SI 2003/527), reg 13 — discharge of probationers (accessed 30 September 2026)
- Equality Act 2010, sections 15, 18, 20 and 42 — discrimination arising from disability; pregnancy and maternity; reasonable adjustments; office of constable treated as employment (accessed 30 September 2026)
- Employment Rights Act 1996, sections 98 and 200 — capability as a fair reason (staff); police officers excluded from ordinary unfair dismissal rights (accessed 30 September 2026)
- Police Pensions Regulations 2015 (SI 2015/445), reg 211 — forfeiture depends on criminal offences, not performance outcomes (accessed 30 September 2026)
- Home Office: Conduct, Efficiency and Effectiveness, Statutory Guidance on Professional Standards, Performance and Integrity in Policing (v1.0, February 2020) — chapters 4, 14, 17 and 19: informal action, disability, SMP referrals, A19, gross incompetence as a single incident, attendance; still describes three stages (accessed 30 September 2026)
- Warwickshire Police Federation: changes to the UPP process 2025 (national briefing) — Federation summary of the two-stage change and transitional rule (accessed 30 September 2026)
- Police Federation of England and Wales: line managers and disability absence (18 May 2022) — Federation view that UPP is not designed to manage disability-related absence (accessed 30 September 2026)
- Gwent Police Federation: sickness FAQs — branch statement that pregnancy-related absence is excluded from trigger points (force policy) (accessed 30 September 2026)
On this topic elsewhere
More in this guide series
Related rights, pay and welfare
Disclaimer
PolicePay.co.uk is an independent reference site. It is not a law firm or a representative body, and this page is general information, not legal advice. Conduct, performance and complaints procedures are set by regulations, statutory guidance and your force's own policies, all of which are amended from time to time, and the outcome of any case turns on its facts. If you are under investigation or facing proceedings, speak to your Police Federation or staff association representative or a solicitor about your own case. Details apply to England and Wales unless stated. Details are as checked on 30 September 2026.