Letter Of Dismissal For Poor Performance Template for England and Wales

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Key Requirements PROMPT example:

Letter Of Dismissal For Poor Performance

"I need a Letter of Dismissal for Poor Performance for a sales representative who has consistently missed targets over the past 6 months despite two formal warnings and a performance improvement plan, with the termination to be effective from March 15, 2025."

Document background
The Letter of Dismissal for Poor Performance is a crucial document used when terminating employment following documented performance issues and failed improvement attempts. It serves as the final step in a formal performance management process, typically following verbal and written warnings, performance improvement plans, and regular reviews. Under English and Welsh law, this document must demonstrate adherence to fair procedure, including reasonable opportunities for improvement and appropriate notice periods. The letter should detail specific performance issues, reference previous warnings, and outline all termination terms to protect both employer and employee interests.
Suggested Sections

1. Date and Address Block: Formal letter heading with recipient details and date of the letter

2. Notice of Termination: Clear statement confirming the decision to terminate employment due to poor performance

3. Performance Issues: Detailed summary of specific performance concerns and issues that led to this decision

4. Previous Actions: Documentation of prior warnings, improvement plans, and support provided

5. Notice Period: Details of the notice period and confirmation of the last working day

6. Final Pay: Information about final salary payment, outstanding holiday pay, and other entitlements

Optional Sections

1. Garden Leave: Optional section specifying garden leave arrangements during notice period if applicable

2. Company Property: Section detailing the return of company assets, equipment, and documents

3. Post-Employment Restrictions: Reminder of existing restrictive covenants and confidentiality obligations

Suggested Schedules

1. Performance Review Records: Copies of relevant performance evaluations and assessments

2. Previous Warnings: Copies of formal warnings and improvement plans issued

3. P45 Form: Tax documentation to be provided upon termination of employment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Primary legislation governing dismissal rights, including requirements for written reasons, notice periods, and protection against unfair dismissal. Must be complied with to ensure legal termination.

Equality Act 2010: Protects against discriminatory dismissal based on protected characteristics (age, gender, disability, etc.). Requires consideration of reasonable adjustments if performance issues are disability-related.

ACAS Code of Practice: Provides procedural guidance for fair dismissal including requirements for performance management, prior warnings, improvement opportunities, and right to accompaniment at meetings.

Contract of Employment: Individual employment contract that specifies notice periods, performance-related clauses, and references to company policies that must be considered in dismissal process.

Data Protection Act 2018 and UK GDPR: Governs the handling of personal data during dismissal process, including requirements for record keeping and data protection.

Performance Documentation: Required evidence including performance reviews, improvement plans, warning records, and support provided to demonstrate fair capability procedure.

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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