Misconduct Informal Discussion Letter

This Informal Discussion Letter is used after an employer has spoken to an employee informally about misconduct.

It confirms in writing what was discussed and any action to be taken following that conversation.

When to Use This Informal Misconduct Letter

Use this letter where the employer has dealt with misconduct informally and wants a clear written record of the discussion.

It is most suitable for minor misconduct, before moving to a formal disciplinary process.

Informal Action for Minor Misconduct

The ACAS Code of Practice says that employers should try to deal with minor misconduct or unsatisfactory performance informally where appropriate.

- use an informal discussion for minor issues
- confirm what was said and any agreed action in writing
- move to formal action where the matter is serious or the informal approach does not resolve it

ACAS Code and Related Disciplinary Documents

This letter should be used alongside the Guidance Notes: Disciplinary Procedures and the Disciplinary Policy and Procedure documents.

The ACAS Code of Practice is not compulsory. However, Employment Tribunals may adjust awards by up to 25% if an employer has failed to act fairly and reasonably in accordance with it.

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