Acting on a performance or conduct issue before it becomes a serious issue is key to avoiding disciplinary processes which can be disruptive to your business. Ensuring things are handled in a swift and professional way can stop escalation to dismissal and the potential for an employment tribunal claim. A verbal warning is usually the...
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Acting on a performance or conduct issue before it becomes a serious issue is key to avoiding disciplinary processes which can be disruptive to your business. Ensuring things are handled in a swift and professional way can stop escalation to dismissal and the potential for an employment tribunal claim.
A verbal warning is usually the first port of call, but you could also use a letter of concern to address the issue in an informal way without having to take the matter down an official disciplinary path.
Talk to the Employment Law and HR experts at Employer Advice today to ensure your processes are fair and compliant with the ACAS code of practice. Call today on 0800 470 3529.
A letter of concern can be sent as an accompaniment to a verbal warning, or as its own separate entity. They’re usually given to an employee after an instance of misconduct or following a period of poor performance.
A letter of concern is not a formal document, so it doesn’t have to go on an employee’s record. You can keep on record if you choose to.
As the employer it’s at your discretion as to how long you choose to keep this on an employee’s record for. You can highlight a period of time for when you feel that the issue should be addressed and corrected by. It is important to be reasonable in this however, as if an employee sees this as an unreasonable demand it might trigger grounds for a claim of constructive dismissal.
For example, if you have asked an employee to improve, but have not provided training or put any support or measurable metrics in place to help them improve, then this could be grounds for a constructive dismissal claim.
Because of the subjectivity of the reasoning of issuing a letter of concern there is no one scenario that definitively requires it, however some common instances that a letter of concern is an appropriate response to are:
Detail the reasons for the letter and why you are unsatisfied with their conduct or performance. If the letter follows an informal discussion, you should document the key points of the meeting.
You should be prepared to listen to the employee’s side of the story, sometimes this might require an investigation. If the employee’s reasoning is unsatisfactory, you must highlight why. You should also take the time to explain that this is not part of the formal disciplinary process, it is hopefully a means to avoid any further action being taken.
You can follow the blueprint for a written warning, only be sure to make it less formal and highlight that this is not part of the formal disciplinary process.
The purpose of a letter of concern is to encourage a change in an employee’s conduct or performance so be mindful of coming across like it is a punishment. Ensure that you include a contact for HR in your letter and encourage the employee to reach out to them if they need clarity on any of the points of your letter.
Be sure to include what the next steps and desired outcomes are and give a reasonable timeframe for this to be achieved. Include a statement that indicates you will be monitoring progress and that the consequences for failure to meet the desired outcomes may be a formal disciplinary.
As a letter of concern is additional to the formal disciplinary process, there isn’t any employment law governing the use of them specifically. It does however go to show that you employ a fair process when it comes to addressing issues in the workplace, and in issuing a letter of concern you should be sure to treat the recipient fairly.
Need to issue a letter of concern to an employee? Need advice on what to include? Or want to understand more about fair process with disciplinaries.
Our expert team is on hand to assist with all of your business’ HR and Employment Law solutions. speak to our team today on 0800 470 3529.