MAKE YOUR FREE Invitation Letter to a Poor Performance Hearing
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What is an Invitation Letter to a Poor Performance Hearing?
An Invitation Letter to a Poor Performance Hearing is a formal letter that clearly communicates the procedures an employer and employee should follow when carrying out a disciplinary process investigating poor performance. Invitation Letters to Poor Performance Hearings set out an employee’s rights during a poor performance investigation and help the employer to comply with relevant employment laws.
This document is GDPR compliant.
When should I use an Invitation Letter to a Poor Performance Hearing?
Use this Invitation Letter to a Poor Performance Hearing:
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to invite an employee to attend a hearing to discuss their poor performance or gross negligence at work
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only for employees based in England, Wales or Scotland
Sample Invitation Letter to a Poor Performance Hearing
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Dear ,
Re: Invitation to a poor performance hearing
I am writing to inform you that you must attend a poor performance hearing which will take place on at at . Please confirm that you can attend the hearing.
The hearing is to consider and discuss an allegation of gross negligence against you namely that .
In particular, .
The hearing will be conducted in accordance with the , a copy of which is enclosed. It will be chaired 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.
I enclose , which may be used at the hearing.
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 case. You and your companion will be able to comment on the evidence and raise any questions, for further investigation or consideration, as appropriate.
If there are other witnesses that you consider have relevant information concerning the allegations against you then please provide their names to me as soon as possible, so that they may be interviewed before the hearing. Similarly 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).
If we find that your performance is poor or unsatisfactory, as alleged, then we may decide to impose a sanction up to and including .
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 a disability.
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 and other policies.
Yours sincerely,
About Invitation Letters to Poor Performance Hearings
Learn more about making your Invitation Letter to a Poor Performance Hearing
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How to make an Invitation Letter to a Poor Performance Hearing
Making your Invitation Letter to a Poor Performance Hearing online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the information about the situation and the hearing 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 poor performance allegations
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Will the hearing consider concerns about the employee’s performance or allegations that the employee has displayed gross negligence?
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What are the allegations made against the employee?
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Which internal policy or procedure will govern this disciplinary process (eg the Disciplinary procedure)?
The disciplinary hearing
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What is the date and time of the hearing?
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What is the hearing’s location?
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Who will be the chairperson of the hearing?
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Who will be the notetaker for the hearing?
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Will an HR representative be present at the hearing? If so, what is their name?
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Are there any witnesses who will contribute to the 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 hearing listen to verbal evidence or consider evidence provided in written statements?
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If the allegations are upheld (ie if the employee is deemed to have performed poorly or to have displayed gross negligence), what is the maximum sanction that may be applied?
The Letter
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On which date will this Letter be sent?
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Which documents (eg witness statements or 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 Hearing
Invitation Letters to Poor Performance Hearings communicate key information about poor performance allegations and a related hearing to the relevant employee. To do this, this Invitation Letter to a Poor Performance Hearing template includes the following terms and sections:
Names and addresses
The Letter has a traditional letter format and is addressed from the employer to an employee. It starts by setting out the names and addresses of both and the date of the Letter.
Re: Invitation to a poor performance hearing
The Letter starts by identifying its purpose - inviting the employee to a disciplinary hearing for poor performance - and by providing key details about this. For example, the date, time, and location of the hearing. It’s requested that the employee confirms that they will attend.
The hearing is to consider…
Next, the Letter identifies the type of allegations (ie poor performance or gross negligence) in question and provides details of the allegations.
The hearing will be conducted in accordance with…
Here the Letter refers to the employer’s internal policy document that dictates how the hearing and associated proceedings will be run. This will often be a Disciplinary procedure. The Letter then sets out key people who will be present at the hearing and explains the employee’s right to bring a companion with them.
I enclose…
The documents to be included with the Letter (eg witness statements or performance standards) are identified here.
The hearing will…
Here the Letter identifies whether the hearing will listen to verbal evidence or consider written statements of evidence. It identifies the witnesses that will be used and requests that the employee notifies the employer of any other witnesses they wish to use and of any documents they wish to be considered.
If we find that your performance is poor or unsatisfactory…
Next, the Letter informs the employee that they may be subject to a sanction if the allegations are found to be correct. The highest sanction the employee may receive is identified.
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 hearing), they may be subject to further disciplinary action.
Please contact…
The employee’s key contact for this matter is identified here, and the employee is asked to contact this person if they have questions or require adjustments to the hearing process (eg due to a disability).
We treat personal data collected…
This final 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.
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 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
Always follow a fair process when disciplining employees
It’s important that you always follow the law when dealing with employee misconduct, poor performance, or other issues. For example, always properly investigate the facts of a matter and only suspend an employee during an investigation if doing so is necessary. When you’ve reached a decision following a disciplinary hearing, you should communicate this formally to your employee using a Disciplinary outcome letter (if the employee is not being dismissed) or a Poor performance dismissal letter (if they are).
For more information, read Disciplinary process, How to run a disciplinary hearing, Disciplinary appeals, and Suspension from work.
Act properly if you dismiss somebody
If your investigation into an employee’s poor performance leads to a decision to dismiss the employee, make sure you dismiss the employee in a legally compliant manner, to avoid legal claims by the employee (eg for discrimination or unfair dismissal). Dismissing someone fairly generally involves having a fair reason and following a fair process (eg warnings should usually be given before dismissal, except in certain situations). For more information, read Dismissal, Unfair dismissal, Wrongful dismissal, and Dismissal for disciplinary reasons.
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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you need help distinguishing poor performance from gross negligence or incompetence
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you want to give a warning without a performance hearing
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Invitation Letter to a Poor Performance Hearing FAQs
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What is included in an Invitation Letter to a Poor Performance Hearing?
This Invitation Letter to a Poor Performance Hearing template covers:
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details (eg the time and venue) of the performance hearing
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the disciplinary allegations that have been made
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procedural arrangements for the hearing
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additional documents and evidence of poor performance
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any witnesses and witness statements
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who will be present at the hearing (eg a chairperson, notetaker, and any witnesses)
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the employee's right to be accompanied (by a colleague or trade union representative) at the hearing. Allowing this is a statutory requirement
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potential outcomes of the hearing (eg disciplinary warnings)
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Why do I need an Invitation Letter to a Poor Performance Hearing?
It’s important for employers to comply with employment law when disciplining an employee, to help them uphold the employee’s employment rights and to avoid any future litigation and potential compensation costs. Using an Invitation Letter to a Poor Performance Hearing when formally disciplining an employee for poor performance helps you to comply with laws on unfair dismissal. In particular, the Letter is designed to fulfil certain requirements of the statutory Acas Code of Practice on Disciplinary and Grievance Procedures (the ‘Acas Code’).
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What is poor performance?
Poor performance is when an employee is not meeting an employer's expectations. Examples of performance issues include:
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poor customer service
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failing to meet work targets
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missing work deadlines
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producing an inadequate quantity of work or inaccurate work
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wasting work materials
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failure/refusal to follow instructions
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unwillingness to take responsibility
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How is poor performance different from gross misconduct?
Gross misconduct relates to actions or behaviours of an employee that are so serious that they undermine the mutual trust and confidence between the employee and their employer. Gross misconduct will usually result in summary dismissal. Examples of gross misconduct include, but are not limited to:
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theft and dishonesty
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vandalism of employer property
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fighting or physical violence
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accepting or offering bribes
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indecent behaviour
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fraud
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What is a poor performance hearing?
A poor performance hearing is a type of disciplinary hearing that investigates and deals with an employee’s failure to meet expected standards of work. These hearings should be conducted following the same sort of fair process that is required for other types of disciplinary hearings (eg for misconduct). For more information, read How to run a disciplinary hearing.
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Do I need to comply with the Acas Code?
Compliance with the Acas Code will be taken into account by an Employment Tribunal in deciding whether an employee has been treated fairly. It can also impact the amount of compensation awarded if the case goes to court.
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