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Disciplinary Letter Of Concern Template for England and Wales

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Key Requirements PROMPT example:

Disciplinary Letter Of Concern

"I need to draft a Disciplinary Letter of Concern for an employee who has consistently missed project deadlines over the past three months, with the letter to outline specific performance improvements required by March 2025."

What is a Disciplinary Letter Of Concern?

A Disciplinary Letter of Concern is a crucial document in the formal disciplinary process under English and Welsh employment law. It is typically issued when informal discussions have not resulted in the required improvement, but before moving to more serious disciplinary actions. The letter serves multiple purposes: documenting the concern, setting clear expectations for improvement, and protecting both employer and employee by ensuring compliance with employment law and ACAS guidelines. It should be used when there are specific, documentable concerns about an employee's conduct, performance, or behavior that require formal addressing.

What sections should be included in a Disciplinary Letter Of Concern?

1. Letter Header: Company details, date, employee details, marked 'Private and Confidential'

2. Issue Description: Clear statement of the concerning behavior or performance issue

3. Previous Discussions: Reference to any informal discussions or warnings already given

4. Expected Standards: Clear outline of expected behavior or performance standards

5. Improvement Plan: Specific actions required to address the concern

6. Timeframe: Period within which improvement is expected

7. Consequences: Potential outcomes if no improvement is shown

What sections are optional to include in a Disciplinary Letter Of Concern?

1. Support Offered: Details of any training or support available, used when development needs identified

2. Review Meetings: Schedule of follow-up meetings, used for more serious concerns

3. External Resources: Reference to EAP or other support services, used when appropriate

What schedules should be included in a Disciplinary Letter Of Concern?

1. Performance Improvement Plan: Detailed plan with specific targets and timelines

2. Relevant Policies: Copies of company policies being referenced

3. Meeting Notes: Records of previous discussions about the issue

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses


















Industries

Employment Rights Act 1996: Primary legislation setting out basic employment rights, definitions of fair/unfair dismissal, and requirements for disciplinary procedures. Forms the foundation for employment protections in England and Wales.

ACAS Code of Practice: Statutory guidance on disciplinary and grievance procedures. Failure to follow can lead to increased tribunal awards. Establishes principles of fairness and reasonable behavior in workplace disputes.

Equality Act 2010: Ensures non-discrimination in disciplinary processes, protects against unfair treatment based on protected characteristics, and requires reasonable adjustments for disabled employees.

Human Rights Act 1998: Guarantees fundamental rights in disciplinary processes including right to fair treatment, privacy, and representation.

Data Protection Act 2018 and UK GDPR: Governs the handling of personal information, record keeping requirements, and data privacy considerations in disciplinary proceedings.

Employment Relations Act 1999: Establishes the right to be accompanied at disciplinary hearings and requirements for fair process in employment relationships.

Company Policies and Procedures: Internal organizational rules and procedures that must be followed during disciplinary processes to ensure consistency and fairness.

Employment Contract Terms: Specific contractual obligations and terms that may affect or govern disciplinary procedures for individual employees.

Collective Agreements: Any applicable agreements between employer and trade unions or worker representatives that may impact disciplinary procedures.

Industry-Specific Regulations: Additional regulatory requirements specific to certain industries that may affect how disciplinary matters are handled.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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