Pre Disciplinary Letter Template for England and Wales

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Key Requirements PROMPT example:

Pre Disciplinary Letter

"I need a Pre Disciplinary Letter for an employee who has violated our cyber security policy by sharing confidential data externally, with the disciplinary hearing to be scheduled for March 15, 2025, and need to include reference to potential dismissal as an outcome."

Document background
The Pre Disciplinary Letter is a crucial document in UK employment law that forms part of a fair disciplinary process. It should be used when formal disciplinary action is being considered following an investigation into alleged misconduct or performance issues. The letter must detail specific allegations, provide evidence to be discussed, and inform the employee of their rights under UK law. This document is essential for ensuring compliance with the ACAS Code of Practice and protecting both employer and employee interests throughout the disciplinary process.
Suggested Sections

1. Letter Header: Company details, date, and employee's personal information

2. Invitation Details: Date, time, and location of the disciplinary hearing

3. Allegation Details: Clear description of the alleged misconduct or performance issues

4. Right to Representation: Information about the right to be accompanied by a colleague or union representative

5. Potential Consequences: Overview of possible outcomes if allegations are proven

6. Evidence Reference: List of evidence to be discussed at the hearing

Optional Sections

1. Previous Warnings: Reference to any existing warnings on file - include when there are active warnings on the employee's record

2. Suspension Notice: Details of suspension if applicable - include when the employee is being suspended pending investigation

3. Adjustments Offer: Offer to make reasonable adjustments for the hearing - include when the employee has known disabilities or special requirements

Suggested Schedules

1. Evidence Bundle: Copies of relevant evidence to be discussed at hearing

2. Company Policies: Copies of relevant company policies allegedly breached

3. Investigation Report: Copy of investigation findings if applicable

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: Key legislation governing fair disciplinary procedures, employee's right to be accompanied at hearings, and protection against unfair dismissal. Forms the foundation of employment rights in England and Wales.

ACAS Code of Practice: Essential guidance document on disciplinary and grievance procedures. While not law, tribunals take it into account and failure to follow it can result in increased compensation awards.

Equality Act 2010: Ensures disciplinary processes are non-discriminatory regarding protected characteristics and requires consideration of reasonable adjustments for employees with disabilities.

Human Rights Act 1998: Protects fundamental rights including the right to a fair hearing, privacy protection, and freedom of expression in employment contexts.

Data Protection Act 2018 and UK GDPR: Governs the handling of personal data, record keeping requirements, and privacy considerations during disciplinary proceedings.

Company Policies and Procedures: Internal disciplinary procedures, employee handbook provisions, and contractual obligations that must be followed alongside statutory requirements.

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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