Why a Disciplinary Letter Matters
A disciplinary letter (also called an invitation to a disciplinary hearing) is a critical step in any fair disciplinary process. It puts the employee on formal notice of the allegations against them and gives them time to prepare their response. Getting this letter right is essential because an employment tribunal will scrutinise your process if the employee later claims unfair dismissal.
The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standards. While the Code is not legally binding, tribunals must take it into account, and failure to follow it can increase any compensation award by up to 25%.
What to Include in a Disciplinary Letter
Essential Elements
- Employee's name and address (or hand-delivered if preferred)
- Date of the letter
- Clear statement of the allegations: Describe the specific conduct or performance issue, including dates, times, and facts
- Reference to the policy breached: Cite the relevant section of the employee handbook, code of conduct, or contract
- Stage of the procedure: State whether this is a first written warning hearing, final written warning hearing, or dismissal hearing
- Date, time, and venue of the hearing: Give reasonable notice (at least 48 hours, ideally 5 working days)
- Right to be accompanied: Inform the employee they may bring a trade union representative or a work colleague to the hearing
- Enclosed evidence: List and attach copies of all evidence you will rely on (investigation notes, witness statements, CCTV, documents)
- Possible outcomes: State the range of sanctions that could result, up to and including dismissal if appropriate
- Contact for rearrangement: Name a person the employee can contact if they cannot attend
Tone and Language
- Use plain, factual language -- avoid emotive or accusatory wording
- State allegations as "it is alleged that..." rather than presenting them as established facts
- Be specific about what happened, when, and where
- Avoid prejudging the outcome -- the letter invites the employee to a hearing, it does not announce a decision
Template Structure
[Date]
Dear [Employee Name],
I am writing to inform you that a disciplinary hearing has been
arranged to discuss allegations of [brief description of misconduct
or performance issue].
Specifically, it is alleged that:
- [Allegation 1 with date and details]
- [Allegation 2 with date and details]
This conduct may constitute a breach of [policy name / section].
The hearing will take place on [date] at [time] in [location].
The hearing will be conducted by [name and job title].
You have the right to be accompanied at the hearing by a trade
union representative or a work colleague of your choice.
Please find enclosed copies of:
- [List of evidence documents]
The possible outcomes of this hearing include [no further action /
first written warning / final written warning / dismissal],
depending on the findings.
If you are unable to attend on the proposed date, please contact
[name] on [phone/email] to arrange an alternative.
Yours sincerely,
[Manager name and title]
Common Mistakes to Avoid
- Vague allegations: "Poor performance" is not enough. Specify what standards were not met and when.
- Insufficient notice: Giving less than 48 hours does not allow reasonable preparation time.
- Missing evidence: The employee must see all evidence before the hearing, not at the hearing.
- Forgetting the right to be accompanied: This is a statutory right under the Employment Relations Act 1999 and must be stated.
- Prejudging the outcome: Phrases like "we have decided to dismiss you" in the invitation letter undermine the entire process.
- Wrong stage: Jumping to a final written warning without a prior first warning (unless the conduct is serious enough to justify it).
After the Hearing
The outcome should be confirmed in a separate written letter within a reasonable timeframe (usually 5 working days). This letter should state the decision, the reasons, any sanction imposed, the review period, and the right of appeal.
How Grove HR Helps
Grove HR includes disciplinary workflow templates with step-by-step guidance, document generation for hearing invitations and outcome letters, case tracking to maintain a full audit trail, and automatic reminders for hearing dates and appeal deadlines.
Frequently Asked Questions
How much notice should I give before a disciplinary hearing?
The ACAS Code does not specify a minimum notice period, but ACAS guidance recommends giving the employee at least 48 hours to prepare. Many employers give 5 working days as good practice, especially for complex cases or where a lot of evidence is involved.
Can I hold a disciplinary hearing if the employee is off sick?
You can, but you should consider whether the employee is well enough to participate. Options include postponing the hearing, allowing a written submission, conducting the hearing by video call, or asking occupational health for advice. Proceeding without consideration of the employee's health could be deemed unfair.
What if the employee does not attend the hearing?
You should offer to rearrange once. If the employee fails to attend the rescheduled hearing without good reason, ACAS guidance states you may proceed in their absence, consider their written submissions if provided, and make a decision based on the available evidence.