Prison Officer Poor Performance and Capability Process 2026

In shortCapability, conduct and attendance are three different processes with different safeguards, so ask which policy is being used and ask for it in writing.

The HMPPS conduct policy (PSI 06/2010, last public text the 2013 re-issue) tells managers to deal with some matters as performance or attendance issues instead of misconduct. It says the primary purpose of the process is to encourage improvement rather than impose a sanction.

The Government said on 9 July 2026 that the Conduct and Discipline and Grievance policies are being rewritten, so assume that the stage names and thresholds you hear locally may change.

Misconduct

Behaviour that breaks a rule or standard, such as lateness without reason, disobeying a lawful instruction or a breach of security procedure.

Capability

Being unable to do the job to the required standard despite genuine effort, because of lack of skill, knowledge or aptitude.

Attendance or ill-health capability

Being unable to attend work or perform because of health. It has its own rules, explained in our guide to sickness absence management for prison officers.

In shortPSI 12/2013 exists but is not published, so its stages, targets and sanctions are unknown to us; dismissals for poor performance are very rare in the statistics.

The gov.uk Prison Service Instructions index lists PSI 12/2013 NOMS Policy on Managing Poor Performance as extant but not published. Staff access is through the intranet and HR. We have not seen the text and will not describe its stages, targets, warning periods or sanctions, because any number we offered would be invented.

What can be said is derived from general law, the Acas Code, and the HMPPS conduct policy that points to it. A reasonable capability process in a large Civil Service employer typically has an informal stage and a formal stage.

Whether each of the steps below exists in the current HMPPS policy is something to confirm.

In shortA fair capability process gives you a clear standard, the evidence, support, a real chance to improve and an appeal.

A capability process is more likely to be fair, and to survive a tribunal challenge, if you are given clarity and a real chance to improve. The Acas Code says that notification of a meeting should give sufficient information about the alleged poor performance and copies of any written evidence.

You have a right to be accompanied at a meeting that could result in a formal warning or other action. Employers should also investigate without unreasonable delay and give you the opportunity to put your case before any decision.

1. Ask in writing for the policy being used and the standard you are being measured against.
2. Ask for the evidence of the shortfall and any dates, incidents or data relied on.
3. Agree objectives that are specific, measurable and realistic, and a review date.
4. Record the support offered: training, mentoring, adjustments, Occupational Health referral.
5. Attend each review meeting with a union rep or colleague and ask for notes afterwards.
6. If you disagree with a warning or decision, appeal in writing within the time stated in the letter.

In shortPerformance dips often have a cause; if a health condition is involved the Equality Act duties apply, so tell HR or Occupational Health in writing.

Poor performance is often a symptom. Employers are expected to ask why performance has fallen, not just that it has.

Equality Act 2010, section 20

Reasonable adjustments, if a health condition is involved and it may be a disability.

Equality Act 2010, section 15

No unfavourable treatment because of something arising from the disability, unless the employer can show proportionality. A performance target applied without regard to a known disability can be indirectly discriminatory or can fail to meet the adjustment duty. See our guide on sickness absence for how these provisions work in practice.

• Illness
• Bereavement
• Caring responsibilities
• A difficult prisoner population
• Relentless short staffing
• An unsupported move to a new wing
• An adverse incident

In shortPerformance concerns in probation are handled under an unpublished instruction, and short service does not remove protection against discrimination or whistleblowing detriment.

If you are a new officer, performance concerns may arise during probation. PSI 11/2014, Employee Induction and Probationary Periods, is not published, and the length of an England and Wales probationary period and how performance is assessed are not verified here. Check your contract and your confirmation letters.

In practice probation tends to involve regular reviews against objectives and can lead to an extension or termination if standards are not met. Our guide to prison officer probation dismissal explains the position in detail, and the earlier piece on the first year as a prison officer shows what is normally expected.

In shortThe test between performance and conduct is intention and pattern, not the label a manager chooses, so raise skill gaps and mistakes early.

Some failures of performance cross a line into conduct or even corruption. The test is intention and pattern, not the label a manager chooses.

• HMPPS counter corruption policy says that consistent failure or poor performance of searches, where related intelligence suggests deliberate failure, can constitute corrupt behaviour, whereas honest mistakes are performance or conduct issues.
• Repeatedly failing to complete use of force statements can lead to performance management or formal discipline, according to the Use of Force Policy Framework.

In shortUse the appeal named in your letter and take advice on dates, because the tribunal limit is usually 6 months from 1 October 2026 and Acas conciliation comes first.

If you receive a formal warning or are dismissed, the letter should tell you how to appeal and by when. Use it. In HMPPS conduct cases an appeal is available against any formal disciplinary decision, and the Acas Code says an appeal should be heard by someone not previously involved where possible.

The E&W appeal deadlines for performance matters are not verified, so read your letter carefully and diarise the date.

In shortMost processes end in improvement, an expired warning or leaving; think carefully before resigning and keep records.

Compensation, when awarded, depends on loss and conduct. Keep perspective: being told you are not performing is distressing, but a formal process is also an opportunity to get a clear statement of what is expected and support to deliver it.

Use it, keep records, take advice and avoid reacting in ways that turn a performance issue into a conduct one.

• You improve and the process is closed.
• A formal warning is issued and then expires.
• You leave, by redeployment, resignation or, rarely, dismissal.
• The real problem is health or workplace stress and the right response is adjustment, or ill-health retirement under the pension scheme, see prison officer ill-health retirement.