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Unsatisfactory Performance Dismissal Letter For Poor Performance Template for England and Wales

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Key Requirements PROMPT example:

Unsatisfactory Performance Dismissal Letter For Poor Performance

"I need to draft an Unsatisfactory Performance Dismissal Letter For Poor Performance for a senior software developer who has failed to meet targets despite three months of performance improvement plans, with the termination to be effective from March 15, 2025, including a three-month notice period and garden leave provisions."

Document background
An Unsatisfactory Performance Dismissal Letter For Poor Performance is used when an employer needs to terminate employment due to persistent underperformance, following appropriate performance management processes under English and Welsh law. The document should only be issued after implementing performance improvement plans, conducting regular reviews, and providing adequate support and training opportunities. It forms part of the formal documentation required for a fair dismissal, protecting both employer and employee rights under UK employment legislation. The letter must demonstrate that the dismissal decision was reasonable and followed proper procedures to minimize the risk of unfair dismissal claims.
Suggested Sections

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

2. Reference to Previous Communications: Summary of performance improvement plans, meetings, warnings

3. Reason for Dismissal: Clear statement of performance issues and failure to improve

4. Notice Period: Specification of notice period or payment in lieu

5. Final Pay Information: Details of final salary, unused holiday pay, benefits

6. Return of Company Property: Instructions for returning company assets

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

Optional Sections

1. Garden Leave: Terms of garden leave during notice period - used when employee has access to sensitive information or clients

2. Post-Employment Restrictions: Reminder of existing restrictive covenants - used when employment contract contains restrictions

Suggested Schedules

1. Performance Review Documentation: Copies of relevant performance reviews and improvement plans

2. Appeal Procedure: Detailed information about appeal process

3. Final Payment Calculation: Breakdown of final payment including all entitlements

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 establishing right to fair dismissal, requirements for fair dismissal procedures, defining capability as a fair reason for dismissal, and setting minimum notice periods

ACAS Code of Practice on Disciplinary and Grievance Procedures: Provides practical guidance on handling performance issues, with non-compliance potentially resulting in 25% increase in compensation. Sets requirements for fair performance management

Equality Act 2010: Ensures dismissal decisions are not discriminatory based on protected characteristics, requires consideration of reasonable adjustments for disabled employees, and protects against indirect discrimination

Human Rights Act 1998: Ensures respect for private life and fair hearing rights, impacting procedural fairness requirements in dismissal processes

General Data Protection Regulation (GDPR) and Data Protection Act 2018: Regulates the handling of personal data in dismissal documentation and affects record-keeping requirements

Employment Act 2002: Sets out minimum dismissal procedures and consultation requirements for employment termination

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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