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Disciplinary Letter Template for England and Wales

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Key Requirements PROMPT example:

Disciplinary Letter

"I need a Disciplinary Letter for an employee who has repeatedly violated our company's attendance policy over the past three months, including issuing a final warning and setting clear expectations for improvement by March 2025."

Document background
A Disciplinary Letter is a crucial document in the formal employee disciplinary process under English and Welsh law. It should be issued following a proper investigation and disciplinary hearing, documenting specific incidents of misconduct or performance issues, the evidence considered, and the resulting disciplinary action. The letter must comply with the ACAS Code of Practice and relevant employment legislation, providing clear information about the issue, consequences, required improvements, and appeal rights. This document serves both as a formal record and a legal safeguard for employers while ensuring fair treatment of employees.
Suggested Sections

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

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

3. Evidence Reference: Specific incidents, dates, and evidence supporting the disciplinary action

4. Action Taken: Clear statement of the disciplinary action being taken

5. Next Steps: What the employee needs to do to improve/comply

6. Right to Appeal: Information about appeal process and timeframes

Optional Sections

1. Previous Warnings: Reference to previous warnings if applicable

2. Support Offered: Details of any additional support or training available

3. Union Representative: Reference to right to union representation if applicable

Suggested Schedules

1. Evidence Documents: Copies of relevant evidence or investigation findings

2. Company Policies: Relevant excerpts from company policies being enforced

3. Appeal Procedure: Detailed explanation of appeal process

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 governing employment rights, particularly sections relating to unfair dismissal and disciplinary procedures. Essential for ensuring the disciplinary process follows statutory requirements.

Equality Act 2010: Legislation ensuring disciplinary actions are not discriminatory based on protected characteristics such as age, gender, race, disability, religion, or sexual orientation.

Human Rights Act 1998: Ensures fundamental rights are respected during disciplinary procedures, particularly the right to a fair hearing and privacy.

ACAS Code of Practice: Key guidance document on disciplinary procedures that employment tribunals take into account when assessing cases. Failure to follow this code can result in increased compensation awards.

Data Protection Act 2018: Legislation governing how personal information should be handled during the disciplinary process, including record-keeping and confidentiality requirements.

UK GDPR: Regulations concerning the processing and storage of personal data during disciplinary proceedings, ensuring data protection principles are followed.

Trade Union and Labour Relations (Consolidation) Act 1992: Legislation covering rights of union members during disciplinary proceedings, including right to representation.

Employment Contract Terms: Contractual obligations and procedures that must be considered alongside statutory requirements when conducting disciplinary proceedings.

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

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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