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Disciplinary Action Explanation Letter for the United Kingdom

Disciplinary Action Explanation Letter Template for England and Wales

A formal written communication under English and Welsh law that documents disciplinary actions taken against an employee. The letter details specific misconduct or performance issues, evidence considered, decisions made, and consequences imposed. It ensures compliance with UK employment law, particularly the Employment Rights Act 1996 and ACAS guidelines, while protecting both employer and employee rights. The document serves as an official record and includes appeal rights and procedures.

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Disciplinary Action Explanation Letter

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What is a Disciplinary Action Explanation Letter?

The Disciplinary Action Explanation Letter is a crucial document in UK employment practice, required whenever formal disciplinary action is taken against an employee. Used across England and Wales, it forms part of a fair and transparent disciplinary process as required by the Employment Rights Act 1996 and ACAS Code of Practice. The letter should be issued following a disciplinary hearing, documenting the issues discussed, evidence considered, decisions made, and any sanctions imposed. It serves both as a formal record and a legal safeguard, ensuring procedural fairness and protecting both employer and employee rights.

What sections should be included in a Disciplinary Action Explanation Letter?

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

2. Issue Description: Clear statement of the disciplinary issue or misconduct

3. Evidence Summary: Overview of evidence considered in reaching the decision

4. Decision Details: Clear explanation of the disciplinary action taken

5. Appeal Rights: Information about the right to appeal and process

What sections are optional to include in a Disciplinary Action Explanation Letter?

1. Previous Warnings: Reference to previous disciplinary actions if relevant when there is a history of similar misconduct

2. Performance Improvement Plan: Specific actions required to improve when the issue relates to performance rather than misconduct

3. Support Measures: Additional support or training offered when remedial action includes development opportunities

What schedules should be included in a Disciplinary Action Explanation Letter?

1. Evidence Documents: Copies of relevant evidence discussed in the letter

2. Company Policies: Relevant excerpts from company policies that were breached

3. Appeal Form: Standard form for submitting an appeal

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Disciplinary Letter

Cost

Free to use
Relevant legal definitions




















Clauses




















Industries

Employment Rights Act 1996: Primary legislation governing employment rights, particularly sections relating to fair disciplinary procedures and protection against unfair dismissal. Key reference for ensuring procedural fairness in disciplinary actions.

Equality Act 2010: Ensures disciplinary actions are not discriminatory based on protected characteristics such as age, gender, race, disability, religion, or sexual orientation.

Human Rights Act 1998: Particularly Article 6 which ensures the right to a fair hearing in disciplinary proceedings.

ACAS Code of Practice: Essential guidance on disciplinary procedures that Employment Tribunals take into account when considering cases. Failure to follow can result in up to 25% increase in compensation awards.

Data Protection Act 2018: Governs the handling and processing of personal information during disciplinary proceedings, including record-keeping and confidentiality requirements.

UK GDPR: Additional data protection requirements for handling personal information in disciplinary processes, ensuring data minimization and proper processing.

Employment Relations Act 1999: Establishes the statutory right for employees to be accompanied at disciplinary hearings by a trade union representative or work colleague.

Company Disciplinary Policy: Internal policy that must be followed alongside statutory requirements to ensure consistency and fairness in disciplinary procedures.

Employment Contract Terms: Contractual terms that may contain specific provisions about disciplinary procedures which must be followed in addition to 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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