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Suspension Letter For Poor Performance Template for England and Wales

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Key Requirements PROMPT example:

Suspension Letter For Poor Performance

"I need a Suspension Letter For Poor Performance for an IT technician who has consistently failed to meet response time targets despite two previous warnings, with the suspension to commence from March 15, 2025, while we conduct a full performance review."

Document background
A Suspension Letter For Poor Performance is a crucial document in the performance management process under English and Welsh employment law. It is used when an employee's performance has fallen significantly below expected standards, and temporary removal from duties is necessary for investigation or improvement planning. The letter serves as official documentation of the suspension, typically issued after previous performance discussions or warnings have not resulted in required improvements. It must comply with UK employment legislation, including the Employment Rights Act 1996 and the ACAS Code of Practice, ensuring fair treatment and clear communication of the suspension terms.
Suggested Sections

1. Date and Address Block: Formal letter heading with employee's details and date

2. Notice of Suspension: Clear statement that employee is being suspended and effective date

3. Reason for Suspension: Specific performance issues leading to suspension

4. Duration: Expected length of suspension period

5. Pay Status: Confirmation that suspension is with pay

6. Terms of Suspension: What employee can/cannot do during suspension

Optional Sections

1. Previous Warnings: Reference to prior performance discussions, use if documented warnings exist

2. Support Services: Information about employee assistance programs, include if available

3. Return to Work Process: Overview of next steps, include if known

Suggested Schedules

1. Performance Review History: Documentation of previous performance issues and meetings

2. Company Policies: Relevant excerpts from employee handbook or performance policies

3. Contact Information: Details of HR representative or manager during suspension period

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, ensuring fair treatment during suspension, protecting against unfair dismissal, and maintaining the right to receive wages during suspension period

Equality Act 2010: Prevents discriminatory treatment in employment actions, ensures suspension decisions aren't based on protected characteristics, and requires reasonable adjustments if disability is involved

ACAS Code of Practice: Though not strictly law, has quasi-legal status and sets out best practice for handling performance issues. Critical for determining fairness in employment tribunals

Human Rights Act 1998: Ensures fundamental rights including fair treatment, protection of reputation, and the right to be heard in employment matters

Contract Law: Covers employment contract terms, specific suspension clauses, and the maintenance of contractual benefits during suspension period

Data Protection Act 2018 and UK GDPR: Governs the handling of personal information, confidentiality requirements, and record keeping during the suspension process

Key Principles of Suspension: Must be with pay unless contract states otherwise, should be for shortest possible period, requires clear communication of reasons, right to respond/appeal, and proper documentation of performance issues

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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