MAKE YOUR FREE Disciplinary Outcome Letter
What we'll cover
What is a Disciplinary Outcome Letter?
Managing poor performance or misconduct of an employee is simple if you follow proper procedures and send a Disciplinary Outcome Letter. In situations of poor performance or misconduct, Disciplinary Outcome Letters confirm that no further action will be taken or provide employees with a warning or final warning.
These documents are GDPR compliant.
When should I use a Disciplinary Outcome Letter?
Use this Disciplinary Outcome Letter:
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only for employees based in England, Wales or Scotland
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in situations of poor performance or misconduct
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after a disciplinary hearing, to either confirm that no further action will be taken or to issue a disciplinary warning
Sample Disciplinary Outcome Letter
The terms in your document will update based on the information you provide
About Disciplinary Outcome Letters
Learn more about making your Disciplinary Outcome Letter
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How to make a Disciplinary Outcome Letter
Making a Disciplinary Outcome Letter online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
The information you need to make your Disciplinary Outcome Letter will depend on the document in question. However, the types of questions you may be asked include:
Party details
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What are the employer’s details (eg legal structure and name)?
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If the employer is a partnership, LLP or company, who will sign on its behalf?
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What are the employee’s details (ie their name and address)?
Letter details
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What is the date of the Disciplinary Outcome Letter?
Hearing
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What was the date of the disciplinary hearing?
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Following the hearing, has the employer decided to:
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Issue a first warning?
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Issue a final warning?
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Take no further action?
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Common terms in a Disciplinary Outcome Letter
Disciplinary Outcome Letters are used to communicate the outcome of a disciplinary hearing for poor performance or misconduct to an employee. While the terms of a Disciplinary Outcome Letter differ, depending on the document in question, examples of common provisions include:
Sender and recipient details
The start of the Disciplinary Outcome Letter sets out the employer’s and the employee’s details.
The body of the Letter
The body of the Disciplinary Outcome Letter provides details relating to the disciplinary hearing and the steps taken in relation to the poor performance or misconduct. Where relevant, the Letter also provides details on what this means for the employee.
Further, where relevant, the body of the Letter details the employee’s right to appeal the disciplinary action. This includes details of who the employee should contact to start an appeal and by what date an appeal should be made.
Data protection
The Disciplinary Outcome Letter explains that any personal data (eg the employee’s name and address) processed (eg used) during the disciplinary process will be treated in accordance with the employer’s Data protection policy. It also encourages the employee to check the Employee privacy notice for more information on the processing of their data.
If you want your Disciplinary Outcome Letter to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Letter for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Disciplinary Outcome Letter
Make and implement all relevant HR policies and procedures
To ensure your workforce is treated fairly, transparently and equally, you should consider adopting certain employment policies. While there are many HR policies, the most important policies to adopt in respect of disciplinary measures include a:
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Disciplinary procedure - to set out how any disciplinary issues are handled
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Grievance procedure - to set out how employee grievances can be raised, how employer decisions can be appealed and how such appeals and grievances will be handled
For more information on other policies you may wish to adopt, read HR policies and procedures.
Make sure to follow a clear and transparent disciplinary process
When disciplining an employee you must make sure to follow a fair and clear process by following all existing (relevant) policies and the employee’s employment contract. While the specifics of the disciplinary process vary depending on the facts of a situation, a disciplinary process should generally include:
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following all existing workplace policies and other relevant documents (eg contracts)
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investigating the facts of the situation
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interviewing all relevant parties (eg the employee and any witnesses)
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holding a disciplinary hearing to discuss the situation
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informing the employee of the disciplinary outcome (ie using a Disciplinary Outcome Letter)
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giving the employee an opportunity to appeal
For more information, read Disciplinary process and How to run a disciplinary hearing.
Understand when to seek advice from a lawyer
Ask a lawyer if:
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the Disciplinary Outcome Letters don’t meet your needs
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you have employees based outside England, Wales and Scotland
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you’re unsure which Letter to use
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you have questions about the disciplinary process
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Disciplinary Outcome Letter FAQs
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What is included in a Disciplinary Outcome Letter?
This Disciplinary Outcome Letter template covers:
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the employer’s and employee’s details
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details relating to the misconduct or poor performance
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details relating to the disciplinary hearing
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what the outcome of the disciplinary hearing is
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where relevant, details relating to the disciplinary warnings
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the employee’s right to appeal against the action taken
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Why do I need a Disciplinary Outcome Letter?
In order to avoid the risk of getting taken to an Employment Tribunal, it's important that all of the relevant steps in a disciplinary process are communicated to an employee.
Make sure you do things right when disciplining an employee by following a clear Disciplinary procedure. This includes making and sending the correct Disciplinary Outcome Letter.
Read our guidance to find out more about disciplining employees, including how to investigate misconduct, how to run disciplinary hearings, and the disciplinary sanctions available for employees. Ask a lawyer if you have any questions or concerns.
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Which Disciplinary Outcome Letter should I choose?
Use a Misconduct outcome letter if the matter relates to misconduct. Use the Poor performance outcome letter for matters relating to poor performance. By using these Disciplinary Outcome Letters, you can issue a first or final written warning or confirm that no further action will be taken.
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What should a Disciplinary Outcome Letter include?
The content of your Disciplinary Outcome Letter will depend on whether it is used to issue a warning or to confirm that no further action will be taken.
If the Letter contains a disciplinary warning, it will address the nature of the warning and whether it is a first or second (ie final) warning. It will also outline why disciplinary action is being taken, what will happen if the employee shows no improvement, and the employee’s rights to appeal and the procedures for appeals.
If no further action will be taken, the Letter will confirm this.
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What do I do after an initial disciplinary hearing?
A Disciplinary Outcome Letter will inform the employee that they have a right to appeal the disciplinary decision. If the employee wishes to appeal your decision, you should send an invitation to an appeal hearing. They have a right to bring a companion, and you should inform them of this. Depending on the specifics of the situation, you can either use an Invitation letter to a disciplinary appeal hearing for misconduct or an Invitation letter to a poor performance appeal hearing.
According to the Acas Code of Practice on disciplinary and grievance procedures, an appeal must be conducted impartially and by a manager who was not involved in (and ideally who is more senior than the manager who conducted) the previous hearing, if possible. After a decision has been reached, it should be confirmed in writing.
For more information, read Disciplinary appeals.
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