MAKE YOUR FREE Invitation Letter to a Poor Performance Appeal Hearing
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What is an Invitation Letter to a Poor Performance Appeal Hearing?
An Invitation Letter to a Poor Performance Appeal Hearing is a formal letter inviting an employee to an appeal hearing to discuss their appeal against a disciplinary sanction imposed after a disciplinary investigation for poor performance.
Invitation Letters to Poor Performance Hearings communicate processes for the appeal hearing, to ensure that the employer complies with the law when carrying out a disciplinary process and that the employee’s rights are upheld.
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When should I use an Invitation Letter to a Poor Performance Appeal Hearing?
Use this Invitation Letter to a Poor Performance Appeal Hearing:
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to invite an employee to attend a hearing to consider an appeal they’ve made against the outcome of a poor performance hearing
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after you’ve followed a disciplinary process investigating an employee’s poor performance and have held an initial poor performance disciplinary hearing
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only for employees based in England, Wales or Scotland
Sample Invitation Letter to a Poor Performance Appeal Hearing
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Dear ,
Re: Invitation to a poor performance appeal hearing
This letter is to let you know that, on at at you must attend a hearing to consider and discuss your appeal against our decision to impose a sanction of following the disciplinary hearing dated , as set out in your notice of appeal dated (the "Appeal Notice").
The appeal hearing will be a full re-hearing of the original decision, with particular reference to the grounds specified in the Appeal Notice.
The hearing will be conducted in accordance with the , a copy of which is enclosed. The appeal will be heard by and will also be present to take notes. You have the right to be accompanied at the hearing by a work colleague or trade union representative. If you plan to bring a companion, please let me know their name as soon as possible.
Please let me know if you need any further copies of the documents provided to you for use at the original hearing, since these may be referred to during the Appeal Hearing. I also enclose , which may be used at the appeal hearing.
Please send me as soon as possible copies of any other documents you want to be considered (or details of where to find them, if you don't have copies). The hearing will consider evidence in the form of written statements from . Please let us know by the name of anyone else whose evidence could help your appeal.
We treat personal data collected during the disciplinary procedure in accordance with our data protection policy. Information about how your data is used and the basis for processing your data is provided in our employee privacy notice.
You are reminded that failure to cooperate in this process including failure to attend a hearing without good reason may result in disciplinary action.
Please contact as soon as possible if, for any unavoidable reason, you or your companion cannot attend at that time, if you have any questions or need any special arrangements to be made as a result of any disability.
Yours sincerely,
About Invitation Letters to Poor Performance Appeal Hearings
Learn more about making your Invitation Letter to a Poor Performance Appeal Hearing
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How to make an Invitation Letter to a Poor Performance Appeal Hearing
Making your Invitation Letter to a Poor Performance Appeal Hearing online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about the situation and your processes prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The employer and the employee
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What is the employer’s name, address, and legal structure? If it’s a company, what is its company number?
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Who is the employer’s signatory, if it’s a company or a partnership? This is the person who will sign the Letter on the company’s or partnership’s behalf.
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What is the name and address of the employee who is to receive the Letter?
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Who is the employee’s contact regarding this Letter (ie the person within the employer that they should contact with any questions)?
The initial hearing
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On which date was the initial disciplinary hearing held?
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What sanction was imposed on the employee following the initial hearing?
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Which internal policy or procedure governs this disciplinary process (eg the Disciplinary procedure)?
The appeal
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On which date did the employee give notice that they want to appeal the disciplinary decision?
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What is the date and time of the appeal hearing?
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What is the appeal hearing’s location?
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Will the appeal hearing involve a full rehearing or a review of the initial hearing?
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Who will be the chairperson of the appeal hearing?
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Who will be the notetaker for the appeal hearing?
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Will an HR representative be present at the appeal hearing? If so, what is their name?
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Are there any witnesses who will contribute to the appeal hearing? If so, what are their names?
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By which date must the employee inform the employer of any other witnesses?
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Will the appeal hearing listen to verbal evidence or consider evidence provided in written statements?
The Letter
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On which date will this Letter be sent?
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Which documents (eg witness statements and other pieces of written evidence) will be included with the Letter?
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Common terms in an Invitation Letter to a Poor Performance Appeal Hearing
Invitation Letters to Poor Performance Appeal Hearings communicate information about an upcoming appeal hearing dealing with a disciplinary decision related to an employee’s poor performance. To do this, this Invitation Letter to a Poor Performance Appeal Hearing template includes the following terms and sections:
Names and addresses
The Letter starts with a traditional letter format. It is addressed from the employer to the employee. It sets out the names and addresses of both and the date of the Letter.
Re: Invitation to a poor performance appeal hearing
The body of the Letter begins by setting out its purpose: informing the employee that they should attend an appeal hearing to discuss their appeal against the relevant disciplinary decision (ie sanction) at a set date and time. The initial hearing to which the appeal relates is also identified.
The appeal hearing will be…
Next, it’s set out whether the appeal hearing will involve a full rehearing of the poor performance allegations or only a review of the initial hearing (eg of its process).
The hearing will be conducted in accordance with…
Here the Letter identifies which of the employer’s internal policies or procedures governs how the hearing and overall disciplinary process is conducted.
The personnel to be present at the appeal hearing are also identified (ie the chairperson, notetaker and, if relevant, HR representative). The employee’s right to be accompanied at the hearing by a colleague or trade union representative is also set out.
Please let me know if you need any further copies…
In this section, the employer asks the employee to request any additional copies that they need of documents provided for the initial hearing. Any additional documents being provided with this Letter are also set out.
Please send me as soon as possible copies of any other documents…
Next, the employer requests that the employee send them copies of any other documents relevant to the appeal that they want to be considered in relation to the hearing. It’s also noted whether the appeal hearing will listen to verbal evidence or consider written statements of evidence and witnesses are identified, alongside a request for notification of the names of any further witnesses.
We treat personal data collected…
This section highlights the employer’s commitment to treating the employee’s personal data (ie information from which an individual can be identified) in accordance with the employer’s Data protection policy and other relevant policies.
You are reminded that failure to cooperate…
The employee is informed that, if they don’t cooperate with the disciplinary process (eg by not attending the appeal hearing without good reason), they may be subject to further disciplinary action.
Please contact…
The employee’s key contact for this disciplinary matter is identified here. The employee is asked to contact this person if they have questions or require adjustments to the hearing process (eg due to a disability).
Yours sincerely…
The Letter ends with a space for the employer to sign and date the Letter.
If you want your Invitation Letter to a Poor Performance Appeal Hearing to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Letter complies with all relevant laws. Use Rocket Lawyer’s Ask a lawyer service for assistance.
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Legal tips for employers
Continue to follow correct disciplinary processes during an appeal stage
The legal requirements for managing employee disciplinary matters do not end once an initial decision is made. You should make sure to conduct an appeal hearing in accordance with the same fair procedure rules as an initial disciplinary hearing. For example, make sure you uphold an employee’s right to be accompanied and make sure a suitable manager or member of staff is selected to conduct the appeal. For more information, read Disciplinary appeals and Disciplinary process.
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
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this Letter doesn’t cover everything you want or doesn’t meet your needs
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you want to impose a greater sanction on an employee following an appeal hearing
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you’re not sure how to reevaluate a disciplinary decision during an appeal hearing
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Invitation Letter to a Poor Performance Appeal Hearing FAQs
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What is included in an Invitation Letter to a Poor Performance Appeal Hearing?
This Invitation Letter to a Poor Performance Appeal Hearing template covers:
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details of the appeal hearing
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procedural arrangements for the appeal hearing
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additional documents and evidence
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who will be present at the hearing
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the employee's right to have a companion present at the hearing (this is a statutory requirement)
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whether the appeal will be a review of the original decision or a full re-hearing of the case
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Why do I need an Invitation Letter to a Poor Performance Appeal Hearing?
It’s important that employers comply with employment law throughout the entire process of disciplining an employee - from the start of an investigation through to managing the outcome of any appeals made. If you are formally disciplining an employee and the employee makes an appeal against your initial decision, invite them to an appeal hearing to investigate their appeal for merit. Using a formal Letter to do this sets out various procedural requirements to help ensure the employer complies with the laws on unfair dismissal and avoids any legal claims from the employee down the line. In particular, this Invitation Letter to a Poor Performance Appeal Hearing is designed to fulfil certain requirements of the statutory Acas Code of Practice on disciplinary and grievance procedures (the ‘Acas Code’). For more information, read Disciplinary appeals.
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Do I need to consider an appeal?
The right to appeal against the outcome of a disciplinary action is an important element of a fair disciplinary process. The ACAS Code states that an employee should be given the right to appeal against any disciplinary sanction or decision imposed. Therefore, if an employee appeals a decision, an employer should always hear the appeal and consider and investigate as appropriate. For more information, read Disciplinary appeals.
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How should the appeal hearing be conducted?
The appeal may proceed as either:
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a full rehearing, effectively re-running the first stage of the disciplinary process, or
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a review, where the procedural fairness and severity of the original decision will be scrutinised by a new person (eg a more senior manager)
An effective appeal hearing can remedy procedural defects of the original decision if correctly handled. For more information, read How to run a disciplinary hearing.
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Do I need to comply with the Acas Code?
If an employee is unhappy with an employer’s decision and decides to take the matter further, the employer’s compliance with the Acas Code will be taken into account by an Employment Tribunal in deciding whether an employee has been treated fairly and can also impact the amount of compensation awarded if the case goes to court.
Care must be taken to ensure that, in addition to the Acas Code and any guidance on disciplinary matters arising under common law, any specific contractual rights of the employee and policies of the employer are complied with. An employee’s Employment contract and any Disciplinary policy or procedure should always be checked for any specific rules.
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Who should run the appeal?
The Acas Code states that an appeal hearing should be conducted by a manager or other senior member of staff who has not previously been involved in the disciplinary proceedings. It is not essential that the person hearing the appeal is more senior than the person who ran the initial hearing, but this is recommended to ensure impartial decisions and overall fairness.
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Who else should be present at the hearing?
The Acas Code requires that an employee has a reasonable opportunity to call witnesses to the hearing and the opportunity to make points to the meeting about witnesses’ evidence.
If possible, it can be useful to have an HR representative present to help ensure that the correct processes are followed throughout the hearing.
You should also have someone present to take minutes (ie notes) of what happens at the meeting.
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Can greater sanctions be imposed as a result of an appeal?
Acas’ guidance on the Acas Code states that appeals should not be used to impose greater sanctions than were imposed following an initial hearing, as employees should not be penalised for appealing because this may deter individuals from exercising their right to appeal.
If an employer does want to impose an increased sanction following an appeal, this should only be done in special circumstances (eg if allowed for by the employer’s Disciplinary procedure and/or with a further right to appeal granted). If you want to increase an employee’s sanction on appeal, it is a good idea to Ask a lawyer for advice first.
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When should an appeal decision be provided?
The employer should inform the employee of the outcome of their appeal in writing as soon as possible after the appeal hearing.
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