Notice Of First Disciplinary Poor Performance Hearing

The Notice Of First Disciplinary Poor Performance Hearing should be sent following a reasonable time for the training, supervision and other general assistance initiatives implemented and in the event of the continued poor performance of the employee.

The notice should state the reasons for the disciplinary hearing, that the employee has the right to be accompanied, and that they will have an opportunity to explain the poor performance.

When to use this first poor performance hearing notice

This letter is used where informal performance management steps have not resulted in the required improvement and the employer is moving to a first formal disciplinary poor performance hearing.

It should be used alongside the Performance Management Review Procedure. Where objectives and support have been agreed, the Performance Improvement Plan (PIP) may also be relevant.

Possible outcomes after the first disciplinary hearing

The next step will depend on the employee’s explanation and whether the employer considers further formal action necessary:

• if the employee's explanations are unsatisfactory, a first formal warning should be issued to the employee;
• if the employee's explanations are satisfactory, the employee's performance should continue to be monitored and, after a further reasonable time and subject to the employee achieving a satisfactory level of performance, a letter should be sent acknowledging this improvement; and
• if a first formal warning is not issued, but the employee's performance does not improve for acceptable reasons, the procedure should restart with an informal discussion. Alternatively, the employer should consider offering alternative employment.

Where a first formal warning is required, see the Poor Performance and Capability First Formal Warning Letter.

Where the employee’s performance improves after the hearing or warning, the employer can use the Acknowledgement Of Improved Performance Post First Hearing Or Warning.

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