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Termination Warning Notice for the United Kingdom

Termination Warning Notice Template for England and Wales

A Termination Warning Notice is a formal document issued under English and Welsh employment law that serves as a written notification to an employee regarding serious concerns about their conduct or performance. It outlines the risk of employment termination if specified improvements are not made within a given timeframe. The document must comply with the Employment Rights Act 1996 and ACAS guidelines, ensuring fair procedure and clear communication of expectations.

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Termination Warning Notice

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What is a Termination Warning Notice?

The Termination Warning Notice is a crucial employment document used in England and Wales when an employer needs to formally communicate serious concerns about an employee's performance or conduct. It serves as part of the formal disciplinary process, providing clear documentation of issues, required improvements, and potential consequences. This document must be carefully drafted to comply with UK employment legislation, including the Employment Rights Act 1996 and ACAS Code of Practice, to ensure procedural fairness and protect both employer and employee rights. It typically precedes any final decision to terminate employment, forming part of a fair dismissal process.

What sections should be included in a Termination Warning Notice?

1. Employee Details: Full name, position, employee number, department

2. Date and Location: Current date and place of issue

3. Reason for Warning: Clear statement of the issue or conduct leading to the warning

4. Required Improvements: Specific actions or changes expected from the employee

5. Timeframe: Period within which improvement must be demonstrated

6. Consequences: Potential outcomes if improvement is not achieved

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

What sections are optional to include in a Termination Warning Notice?

1. Support Offered: Details of any training or assistance available, used when developmental support is appropriate

2. Previous Warnings: Reference to prior warnings, included if part of progressive discipline

3. Performance Metrics: Specific targets or KPIs, used in performance-related cases

What schedules should be included in a Termination Warning Notice?

1. Evidence Pack: Supporting documentation of incidents or performance issues

2. Meeting Notes: Records of relevant disciplinary meetings

3. Performance Data: Relevant performance statistics or records

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 governing employment rights, including fair dismissal procedures, statutory notice period requirements, and minimum notice periods that must be provided to employees

Equality Act 2010: Legislation protecting against discriminatory dismissal, covering protected characteristics and requirements for reasonable adjustments in cases involving disability

ACAS Code of Practice: Guidelines on disciplinary and grievance procedures, including fair procedures, employee's right to be accompanied, and appeal rights

Contract of Employment: Individual employment contract terms including contractual notice periods, specific termination clauses, and any enhanced procedures agreed between employer and employee

Company Policies: Internal organizational procedures including disciplinary processes and performance management policies that must be followed during termination

Common Law Principles: Legal principles established through case law, including duty of trust and confidence and requirements for procedural fairness

Data Protection Act 2018 and UK GDPR: Regulations governing the handling of personal data in warning notices and requirements for record keeping in termination processes

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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