Warning Letter For Disciplinary Action Template for England and Wales

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Key Requirements PROMPT example:

Warning Letter For Disciplinary Action

"I need a Warning Letter For Disciplinary Action for an employee who has repeatedly violated our attendance policy over the past three months, including specific improvements required by March 2025 and consequences if standards aren't met."

Document background
A Warning Letter For Disciplinary Action is a crucial document in managing workplace conduct and performance under English and Welsh employment law. It serves as a formal record of disciplinary proceedings and is typically issued following a disciplinary hearing or investigation. The letter should align with ACAS guidelines and internal policies, clearly stating the nature of the misconduct, expected improvements, and potential consequences. It forms part of the employee's personnel record and may be referred to in future proceedings or in case of escalation to dismissal.
Suggested Sections

1. Letter Header: Company details, date, employee details, marked 'Private and Confidential'

2. Nature of Misconduct: Clear description of the incident(s) or behavior causing concern

3. Previous Warnings: Reference to any previous warnings or relevant disciplinary history

4. Expected Standards: Clear statement of expected behavior or performance standards

5. Consequences: Clear statement of potential consequences if behavior continues

6. Improvement Plan: Specific actions required to improve and timeline

7. Support Offered: Details of any support, training, or assistance available

Optional Sections

1. Appeal Rights: Information about right to appeal, use when issuing final written warnings

2. Union Representation: Reference to union rights, include if employee is union member

3. Performance Review Date: Specific review date, include for performance-related warnings

Suggested Schedules

1. Company Disciplinary Policy: Copy of relevant company policy referenced in warning

2. Meeting Notes: Notes from disciplinary hearing or investigation meetings

3. Evidence Documents: Copies of relevant evidence supporting the disciplinary action

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

Industries

Employment Rights Act 1996: Primary legislation establishing fundamental employment rights, framework for fair disciplinary procedures, and definitions of unfair dismissal. Critical for ensuring any disciplinary action follows statutory requirements.

ACAS Code of Practice: Statutory code providing practical guidance on handling disciplinary situations. Crucial for compliance as tribunals reference this code, with potential 25% increase in compensation for non-compliance.

Equality Act 2010: Ensures disciplinary actions are non-discriminatory based on protected characteristics, requires reasonable adjustments for disabled employees, and protects against victimization.

Human Rights Act 1998: Protects fundamental rights in disciplinary procedures including right to fair hearing, privacy rights, and maintaining dignity at work.

Data Protection Act 2018 and UK GDPR: Governs how disciplinary information must be recorded, stored, and accessed while protecting employee privacy rights and personal information.

Company Policies and Procedures: Internal disciplinary procedures and employment contract terms that must be aligned with statutory requirements and consistently applied in warning letters.

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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