MAKE YOUR FREE Disciplinary Outcome Letter for Misconduct - Warning or No Action
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What is a Disciplinary Outcome Letter for Misconduct?
When an employee has been subject to a disciplinary hearing on the grounds of misconduct, their employer must provide them with a formal notification of the outcome, for example, a Disciplinary Outcome Letter for Misconduct. This outlines the decision resulting from the disciplinary hearing and the reasons for this outcome.
Disciplinary Outcome Letters for Misconduct either clarify that no further action will be taken (eg if misconduct allegations were unfounded or not proven) or confirm a first or final warning.
This document is GDPR compliant.
When should I use a Disciplinary Outcome Letter for Misconduct?
Use this Disciplinary Outcome Letter for Misconduct:
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after carrying out a disciplinary investigation for misconduct (including holding a disciplinary hearing)
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to confirm that either an employee has been given a first or final disciplinary warning as a result of misconduct, or no action will be taken after the misconduct hearing
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only for employees based in England, Wales or Scotland
Sample Disciplinary Outcome Letter for Misconduct - Warning or No Action
The terms in your document will update based on the information you provide
About Disciplinary Outcome Letters for Misconduct
Learn more about making your Disciplinary Outcome Letter for Misconduct
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How to make a Disciplinary Outcome Letter for Misconduct - Warning or No Action
Making a Disciplinary Outcome Letter for Misconduct 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.
To make your Disciplinary Outcome Letter for Misconduct, you will need the following information:
Letter 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 company, LLP or partnership, who will sign the Disciplinary Outcome Letter for Misconduct on the employer’s behalf?
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Will the Disciplinary Outcome Letter for Misconduct be printed on headed paper including the business name and address?
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If not, what is the employer’s address?
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What are the employee’s details (ie name and address)?
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On what date will this Disciplinary Outcome Letter for Misconduct be sent to the employee?
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What is the job title or name of the person who employees can contact about disciplinary matters?
Hearing
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What was the date of the disciplinary hearing?
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What disciplinary action will be taken against the employee based on the hearing:
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None?
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A first warning?
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A final warning?
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If the employee will be given a warning:
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On what date will this written warning expire?
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By what date must the employee give notice of their intention to appeal?
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Why was the employee's conduct found to be unsatisfactory, resulting in disciplinary action?
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If the employee will be given a final warning, does the employee have an active written warning on their record?
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Do you wish to specify a particular improvement that the employee must achieve and maintain? If so:
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What is the improvement you require?
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By when must the employee achieve the improvement?
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Are any additional measures being imposed alongside the disciplinary warning?
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If so, what are the additional measures?
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Suspension
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Is the employee currently on suspension?
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If so, when will the employee return to work?
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Common terms in a Disciplinary Outcome Letter for Misconduct - Warning or No Action
A Disciplinary Outcome Letter for Misconduct - Warning or No Action confirms the outcome of a disciplinary hearing. As a result, this Disciplinary Outcome Letter for Misconduct covers:
Sender and recipient details
The start of the Disciplinary Outcome Letter for Misconduct sets out the name of the employer and the name and address of the employee.
Re: Outcome of disciplinary hearing
The Letter provides the date of the disciplinary hearing and informs the employee about the outcome of the hearing. If the employee is receiving a first or final warning, the Letter provides additional details, including the reason for the warning, the employee’s appeal right, the consequences of further misconduct and, where applicable:
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details of any active warnings
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what improvements the employee must achieve and by when
We treat personal data collected…
The Disciplinary Outcome Letter for Misconduct details that, during the disciplinary process, all processing (eg storing) of personal data (eg the employee’s name and address) is in accordance with the employer’s Data protection and data security policy. It further encourages the employee to review the employer’s Employee privacy notice for more information on data processing.
If you want your Disciplinary Outcome Letter for Misconduct 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 Disciplinary Outcome Letter for Misconduct for you to ensure 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 for Misconduct
Consider adopting employment policies to cultivate transparency and fairness
By implementing certain employment policies, you can promote fairness and openness in your treatment of employees and comply with legal requirements to demonstrate your dedication to being a responsible and law-abiding employer. Some policies that you should consider adopting include:
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a Disciplinary procedure, which outlines how you address disciplinary issues at work
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a Grievance procedure, which addresses how you handle employee grievances and appeals
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an Equal opportunities policy, which addresses how you ensure equal opportunities and prevent discrimination in the workplace
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an Anti-bullying and harassment policy, which details how you prevent workplace bullying and harassment
For more information on the different types of policies you may wish to adopt, read HR policies and procedures.
Follow a fair process when disciplining employees
It is crucial that you follow a transparent and fair process when disciplining employees and taking disciplinary action for situations involving misconduct. It is important to conduct a thorough fact-finding investigation and to only use a Suspension letter to suspend an employee during an investigation when necessary.
After holding a disciplinary hearing and arriving at a decision, it is essential to communicate the decision officially to the employee (eg using a Disciplinary Outcome Letter for Misconduct). If the investigation results in the dismissal of the employee, make sure to use the right Dismissal letter (eg Dismissal letter for misconduct or a Gross misconduct dismissal letter) for your circumstances.
For more information, read Disciplinary process, How to run a disciplinary hearing, Suspension from work and Disciplinary appeals.
Understand the consequences of written warnings
At the conclusion of a disciplinary procedure, an employer may issue a formal disciplinary warning to an employee. Such a warning can be the first or final warning. It must include:
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an explanation of the misconduct issue
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a specified timeline for the employee to make the necessary changes
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the potential consequences if the changes are not made
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the likely consequences of any further misconduct
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the length of time the warning will remain in effect
A first warning is typically the first course of action for an employer. If the employee repeats or commits another offence, or if they fail to improve their conduct within a set period, the employer may issue a final warning. However, if the employee's behaviour constitutes serious misconduct that could severely harm the business, the employer may skip the first warning and instead immediately issue a final warning. Failure to meet the requirements outlined in the final warning within the designated timeframe may result in dismissal.
For more information, read Disciplinary warnings.
Understand when to seek advice from a lawyer
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if this Letter doesn’t meet your specific needs
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for a warning given for reasons other than misconduct
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for employees based outside England, Wales or Scotland
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Disciplinary Outcome Letter for Misconduct FAQs
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What is included in a Disciplinary Outcome Letter for Misconduct?
This Disciplinary Outcome Letter for Misconduct template covers:
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the outcome of the disciplinary hearing (either a warning being issued or no further action being taken)
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the reason for disciplinary action
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the nature of the disciplinary warning (ie first or final)
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the duration of the warning
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the changes in conduct needed and any additional measures that are being imposed, such as training or a bonus reduction
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the likely consequences of further misconduct
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Why do I need a Disciplinary Outcome Letter for Misconduct?
Make sure you follow proper disciplinary procedures when you decide there will be no dismissal following a disciplinary process, using this Disciplinary Outcome Letter for Misconduct.
The ACAS Code of Practice on disciplinary and grievance procedures (the ‘Acas Code of Practice’) requires employers to communicate any decisions arising from a disciplinary hearing in writing. If an employer fails to do so, and the employee successfully brings a case for unfair dismissal in an Employment Tribunal (ET), the ET may award an extra 25% compensation to the employee.
Issuing a formal Disciplinary Outcome Letter for Misconduct also reduces the likelihood of further disputes in relation to the hearing decision.
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For how long should a disciplinary warning last?
Misconduct warnings should specify how long they will last. Failure to comply with an initial warning during the set period can lead to a final warning. Although no specific warning periods are required, they should remain reasonable. An initial warning period normally lasts 6 or 12 months. For more information, read Disciplinary warnings.
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Can an employee appeal their employer’s decision?
Employees have a right to appeal the outcome of a disciplinary hearing.
Under the Acas Code of Practice, employers must indicate this right to appeal in the Disciplinary Outcome Letter for Misconduct.
If your employee appeals the decision set out in your Disciplinary Outcome Letter for Misconduct, use an Invitation letter to a disciplinary appeal hearing for misconduct to invite the employee to an appeal hearing.
For more information, read Disciplinary appeals.
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