Managing poor performance or misconduct of an employee is simple if you follow proper procedure. Use either a poor performance or misconduct disciplinary outcome letter to confirm that no further action will be taken or to issue an employee a warning or final warning.
What is a disciplinary outcome letter?
Why do I need a disciplinary outcome letter?
In order to avoid the risk of getting taken to an Employment Tribunal, it's important that all the relevant steps in a disciplinary process are communicated to the employee.
Make sure you do things right when disciplining an employee. Create the correct disciplinary outcome letter using our step-by-step interview.
Find out more about disciplining employees, including how to investigate misconduct, how to manage disciplinary hearings and the disciplinary sanctions available for employees.
Which disciplinary outcome letter should I choose?
Use the Disciplinary outcome letter for misconduct when you want to issue a first or final written warning if the matter relates to misconduct, or if you want to confirm that no action will be taken after a hearing.
Use the Disciplinary outcome letter for poor performance when you want to issue a first or final written warning if the matter relates to poor performance, or if you want to confirm that no action will be taken after a hearing.
What should a disciplinary outcome letter include?
Both letters will address the nature of the warning, whether it is a first or second warning. They will also outline why disciplinary action is being taken, what will happen if the employee shows no improvement and the employee’s rights to and the procedure of appeal should also be set out in the letter.
What do I do after an initial disciplinary hearing?
A disciplinary outcome letter will inform the employee that they have a right to appeal. You should send an invitation to an appeal hearing if they decide to do so. They have a right to bring a companion, and you should inform them of that. 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, an appeal must be conducted impartially and by a manager who was not involved (and more senior) in the previous hearing, if possible. After a decision has been reached it should be confirmed in writing.
For further information, read Disciplinary appeals.
These documents are governed by the laws of England, Wales or Scotland.