MAKE YOUR FREE Invitation letter to a poor performance hearing

This document is GDPR compliant.

Make sure you do things right when you invite an employee to a poor performance hearing, with this invitation letter to a poor performance hearing. This notice of poor performance hearing sets out in clear and simple terms the process to be followed and the employee's rights, helping ensure that the employer complies with the laws on performance evaluation.

Use this letter

• when you want to invite an employee to attend a hearing to discuss their poor performance or gross negligence
• only for employees based in England and Wales

This letter covers

• details of the performance hearing
• procedural arrangements for the disciplinary hearing
• additional documents and evidence
• who will be present at the hearing
• the employee's right to have a companion present at the hearing

This letter sets out in clear and simple terms the process to be followed and the employee's rights. It covers the disciplinary allegations, witnesses at the hearing and witness statements, the right of the employee to bring a companion and potential sanctions.

If you are formally disciplining an employee for poor performance, this letter helps to ensure you comply with the laws on unfair dismissal. In particular it is designed to fulfil certain requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures.

Poor performance is where an employee is not meeting an employer's expectations. Examples of performance issues include: poor customer service, failing to meet work targets, missing work deadlines, inadequate quantity of work, inaccurate work, wasting work materials, failure/refusal to follow instructions, and/or unwillingness to take responsibility.

Gross misconduct relates to actions or behaviours of the employee that is so serious that it undermines the mutual trust and confidence between the employee and their employer. Gross misconduct will usually result in instant or summary dismissal.

Examples of gross misconduct: theft and dishonesty, vandalism of employer property, fighting or physical violence, accepting or offering bribes, indecent behaviour, fraud etc.

A poor performance hearing is a type of disciplinary hearing.

Make sure you include enough information about the disciplinary hearing, including:

• time and venue for the hearing
• who will be present at the hearing (including a chairperson, notetaker, and any witnesses)
• the evidence of the poor performance
• the employee's right to be accompanied (by a colleague or trade union representative) at the hearing. This is a statutory requirement.

Compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal in deciding whether an employee has been treated fairly and can also impact on the amount of compensation awarded if the case went to court.

Ask a lawyer for:

• distinguishing poor performance from gross negligence/incompetence
• giving warnings without a performance hearing