Definition
A formal written notification sent to an employee following a disciplinary hearing, grievance hearing, or investigation. The outcome letter sets out the decision, the reasons for it, any sanctions imposed, and the employee's right to appeal.
UK Context
The ACAS Code of Practice on Disciplinary and Grievance Procedures requires that the outcome be communicated in writing. Failure to do so can lead to an uplift of up to 25% on any tribunal award. Employment tribunals expect outcome letters to demonstrate that the employer considered the evidence, applied the balance of probabilities, and took into account any mitigating factors.
Best Practices
- Issue the outcome letter within 5 working days of the hearing to avoid claims of unreasonable delay
- Clearly state the decision, the reasons, the evidence relied upon, and any mitigating factors considered
- Always include the right to appeal, the deadline for doing so, and who to address the appeal to
- Have dismissal outcome letters reviewed by a senior HR professional or employment lawyer before issue
Frequently Asked Questions
How quickly should an outcome letter be sent?
The ACAS Code requires the outcome to be communicated without unreasonable delay. Best practice is to issue the letter within 5 working days of the hearing. Complex cases may take longer, but the employee should be kept informed of the timeline.
What must an outcome letter include?
The letter should include a summary of the allegations, the findings of fact, the decision and reasons, any sanction imposed and its duration, and the right to appeal including the deadline and who to address it to.
Can a verbal outcome replace a written one?
The ACAS Code requires a written outcome. While a verbal summary may be given at the end of the hearing, a formal written letter must follow. Failing to provide a written outcome is a procedural deficiency that could lead to an unfair dismissal finding or an uplift in tribunal compensation.