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Dear ,
Following the poor performance hearing held on the decision has been made to give you a final written warning.
The aspects of your work which fall below an acceptable standard are :.
During the poor performance hearing, we discussed the standards of performance expected of you, namely . We also explained that you are required to achieve these improvements immediately and afterwards to permanently maintain them.
This warning will remain permanently on your personnel record, but will be disregarded for poor performance purposes after , so long as the improvements set out above are achieved and maintained throughout that time.
Failure to achieve and maintain the required standards of performance while the warning is active is likely to result in further poor performance action, which may lead to your dismissal.
You have until to appeal against this decision. To do so, please write to , giving full reasons for contesting the decision.
If you have any questions regarding this warning please contact .
We treat personal data collected during the disciplinary procedure in accordance with our data protection policy. Information about how your data is used and the basis for processing your data is provided in our employee privacy notice and other policies.
Yours sincerely,
This Disciplinary Outcome Letter template covers:
the employer’s and employee’s details
details relating to the misconduct or poor performance
details relating to the disciplinary hearing
what the outcome of the disciplinary hearing is
where relevant, details relating to the disciplinary warnings
the employee’s right to appeal against the action taken
In order to avoid the risk of getting taken to an Employment Tribunal, it's important that all of the relevant steps in a disciplinary process are communicated to an employee.
Make sure you do things right when disciplining an employee by following a clear Disciplinary procedure. This includes making and sending the correct Disciplinary Outcome Letter.
Read our guidance to find out more about disciplining employees, including how to investigate misconduct, how to run disciplinary hearings, and the disciplinary sanctions available for employees. Ask a lawyer if you have any questions or concerns.
Use a Misconduct outcome letter if the matter relates to misconduct. Use the Poor performance outcome letter for matters relating to poor performance. By using these Disciplinary Outcome Letters, you can issue a first or final written warning or confirm that no further action will be taken.
The content of your Disciplinary Outcome Letter will depend on whether it is used to issue a warning or to confirm that no further action will be taken.
If the Letter contains a disciplinary warning, it will address the nature of the warning and whether it is a first or second (ie final) warning. It will also outline why disciplinary action is being taken, what will happen if the employee shows no improvement, and the employee’s rights to appeal and the procedures for appeals.
If no further action will be taken, the Letter will confirm this.
A Disciplinary Outcome Letter will inform the employee that they have a right to appeal the disciplinary decision. If the employee wishes to appeal your decision, you should send an invitation to an appeal hearing. They have a right to bring a companion, and you should inform them of this. Depending on the specifics of the situation, you can either use an Invitation letter to a disciplinary appeal hearing for misconduct or an Invitation letter to a poor performance appeal hearing.
According to the Acas Code of Practice on disciplinary and grievance procedures, an appeal must be conducted impartially and by a manager who was not involved in (and ideally who is more senior than the manager who conducted) the previous hearing, if possible. After a decision has been reached, it should be confirmed in writing.
For more information, read Disciplinary appeals.
Making a Disciplinary Outcome Letter online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
The information you need to make your Disciplinary Outcome Letter will depend on the document in question. However, the types of questions you may be asked include:
Party details
What are the employer’s details (eg legal structure and name)?
If the employer is a partnership, LLP or company, who will sign on its behalf?
What are the employee’s details (ie their name and address)?
Letter details
What is the date of the Disciplinary Outcome Letter?
Hearing
What was the date of the disciplinary hearing?
Following the hearing, has the employer decided to:
Issue a first warning?
Issue a final warning?
Take no further action?
Disciplinary Outcome Letters are used to communicate the outcome of a disciplinary hearing for poor performance or misconduct to an employee. While the terms of a Disciplinary Outcome Letter differ, depending on the document in question, examples of common provisions include:
Sender and recipient details
The start of the Disciplinary Outcome Letter sets out the employer’s and the employee’s details.
The body of the Letter
The body of the Disciplinary Outcome Letter provides details relating to the disciplinary hearing and the steps taken in relation to the poor performance or misconduct. Where relevant, the Letter also provides details on what this means for the employee.
Further, where relevant, the body of the Letter details the employee’s right to appeal the disciplinary action. This includes details of who the employee should contact to start an appeal and by what date an appeal should be made.
Data protection
The Disciplinary Outcome Letter explains that any personal data (eg the employee’s name and address) processed (eg used) during the disciplinary process will be treated in accordance with the employer’s Data protection policy. It also encourages the employee to check the Employee privacy notice for more information on the processing of their data.
If you want your Disciplinary Outcome Letter to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Letter for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Make and implement all relevant HR policies and procedures
To ensure your workforce is treated fairly, transparently and equally, you should consider adopting certain employment policies. While there are many HR policies, the most important policies to adopt in respect of disciplinary measures include a:
Disciplinary procedure - to set out how any disciplinary issues are handled
Grievance procedure - to set out how employee grievances can be raised, how employer decisions can be appealed and how such appeals and grievances will be handled
For more information on other policies you may wish to adopt, read HR policies and procedures.
Make sure to follow a clear and transparent disciplinary process
When disciplining an employee you must make sure to follow a fair and clear process by following all existing (relevant) policies and the employee’s employment contract. While the specifics of the disciplinary process vary depending on the facts of a situation, a disciplinary process should generally include:
following all existing workplace policies and other relevant documents (eg contracts)
investigating the facts of the situation
interviewing all relevant parties (eg the employee and any witnesses)
holding a disciplinary hearing to discuss the situation
informing the employee of the disciplinary outcome (ie using a Disciplinary Outcome Letter)
giving the employee an opportunity to appeal
For more information, read Disciplinary process and How to run a disciplinary hearing.
Understand when to seek advice from a lawyer
Ask a lawyer if:
the Disciplinary Outcome Letters don’t meet your needs
you have employees based outside England, Wales and Scotland
you’re unsure which Letter to use
you have questions about the disciplinary process
