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Termination Due To Poor Performance for the United Kingdom

Termination Due To Poor Performance Template for England and Wales

A formal document issued under English and Welsh law to terminate an employee's employment due to unsatisfactory performance. The document outlines specific performance issues, documents previous attempts at improvement, and details the termination process in accordance with UK employment legislation. It includes information about notice periods, final payments, and appeal rights while ensuring compliance with the Employment Rights Act 1996 and ACAS guidelines.

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Termination Due To Poor Performance

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What is a Termination Due To Poor Performance?

The Termination Due To Poor Performance document is used when an employer needs to formally end an employment relationship due to consistent underperformance, following appropriate performance improvement procedures. This document, governed by English and Welsh law, should only be issued after documented performance reviews, formal warnings, and reasonable opportunities for improvement have been provided. It must comply with UK employment legislation, including the Employment Rights Act 1996 and ACAS Code of Practice, and should detail the specific performance issues, previous interventions, notice period, and appeal rights.

What sections should be included in a Termination Due To Poor Performance?

1. Date and Address Details: Formal letter heading with employee's details and date

2. Clear Statement of Termination: Explicit statement that employment is being terminated

3. Performance Issues: Specific details of performance failures and previous warnings

4. Prior Steps Taken: Summary of improvement plans, support provided, and warnings issued

5. Notice Period: Details of notice period or payment in lieu of notice

6. Final Pay Information: Information about final salary, outstanding holiday pay, and benefits

7. Return of Company Property: Instructions regarding return of company assets

8. Right of Appeal: Information about appeal process and timeframes

What sections are optional to include in a Termination Due To Poor Performance?

1. Garden Leave: Terms of garden leave during notice period - used when employee has access to sensitive information or clients

2. Post-Employment Restrictions: Reminder of existing restrictive covenants - included when employment contract contains post-termination restrictions

3. Reference Provision: Information about future reference policy - included when company wishes to specify reference arrangements

What schedules should be included in a Termination Due To Poor Performance?

1. Performance Review History: Chronological record of performance issues and warnings

2. Final Payment Calculation: Detailed breakdown of final payment including all entitlements

3. Company Property List: Itemized list of company property to be returned

4. Appeal Procedure: Detailed explanation of appeal process and requirements

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

Cost

Free to use
Relevant legal definitions














Clauses
















Industries

Employment Rights Act 1996: Primary legislation that sets out basic employment rights, defines fair reasons for dismissal, establishes requirements for fair procedure, and details employee's right to receive written reasons for dismissal

ACAS Code of Practice: Provides practical guidance on handling performance issues and disciplinary procedures. Non-compliance can result in up to 25% increase in tribunal compensation

Equality Act 2010: Ensures termination decisions are not discriminatory based on protected characteristics. Requires consideration of whether poor performance might be linked to disability or other protected characteristics

Data Protection Act 2018 and UK GDPR: Governs the handling, storage, and processing of personal data in performance records and performance-related information

Contract of Employment: Contains contractual terms regarding performance standards, notice periods, and performance-related provisions that must be reviewed and followed

Fair Procedure Requirements: Essential principles including providing improvement opportunities, setting reasonable targets, providing support and training, issuing written warnings, and offering right of appeal

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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