Employee Letter Of Concern Template for England and Wales

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What is a Employee Letter Of Concern?

The Employee Letter of Concern Template is a crucial document in the UK employment context, specifically designed for use under English and Welsh law. It serves as a formal written notification to employees regarding specific workplace concerns, whether related to performance, conduct, or attendance. This document typically follows informal discussions and precedes more serious disciplinary actions, forming an important part of the performance management process. The template ensures compliance with UK employment legislation, including the Employment Rights Act 1996 and ACAS guidelines, while providing clear documentation of concerns, expected improvements, and support measures offered.

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

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A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

England and Wales

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Employee Letter Of Concern

An employee letter of concern is a formal written notification that lets you raise workplace issues with an employee in a structured, legally sound way. This template helps you record performance, conduct or attendance concerns while keeping to professional standards and complying with the law of England and Wales. It gives commercial and operations teams without an in-house HR function a clear starting point they can complete and sign.

What is a letter of concern?

A letter of concern is a written communication that sets out specific worries about an employee's work, tells them what needs to improve, and puts the matter on record. It is not itself a disciplinary sanction. It sits below a formal warning and above an informal conversation, giving the employee fair notice and a documented chance to respond before any further steps. The letter usually names the concern, gives dated examples, states the standard expected, offers support, and sets a date to review progress.

When do you need this document?

You need this letter when informal discussions have not resolved workplace concerns and you want a formal record before considering disciplinary action. It is useful when an employee's performance consistently falls below the expected standard, when there are repeated attendance issues, or when conduct affects colleagues or the working environment. It bridges informal management and formal disciplinary procedures, showing clear evidence that you tried to address the concern constructively. The letter also helps you establish a paper trail and can support a performance improvement plan.

What should a letter of concern include?

A strong letter of concern is specific and easy to follow. Set it out with these elements:

  • The employee's name, your name, the date, and a 'Private and Confidential' marking
  • A plain statement of the concern (conduct, performance, attendance or behaviour)
  • Dated examples and factual detail, not opinion or vague adjectives
  • The standard you expect and how it differs from current performance
  • The support, training or adjustments you are offering, including any wellbeing support
  • A realistic timeframe for improvement and a review date
  • What may happen next, including that a formal warning could follow if concerns continue
  • Contact details for who the employee can speak to and how to respond

How is a letter of concern different from a written warning?

Letter of concernWritten warning
An early, informal-to-formal step that raises concerns and asks for improvementA formal stage of the disciplinary process with defined consequences
Not usually a recorded sanction on the employee's file in the disciplinary senseA recorded sanction that typically stays live for a set period
Focuses on support, expectations and a chance to improveFollows a formal investigation and disciplinary meeting

How to send a letter of concern

Address the concern letter to the individual by name and mark it 'Private and Confidential'. You can hand it over in a meeting, post it, or send it by email, so long as delivery stays confidential and the employee can respond. Keep a dated copy on file. Give the person a clear point of contact to get in touch with, and set out how and by when they should reply.

What happens if concerns continue?

A letter of concern is an early step, not an endpoint. If the issues are not resolved after a fair chance to improve, the matter can move into the formal disciplinary process and, in some cases, towards a warning or dismissal. Take each step in order and record it, so the paper trail shows you acted fairly at every stage. A letter of concern about performance or conduct is a separate track from redundancy, which is about a role being no longer needed rather than an individual's behaviour, so keep the two processes distinct.

Key legal considerations

Your letter should follow natural justice, so the employee understands the specific concerns and has a fair chance to respond. Handle all personal information in line with UK GDPR and the Data Protection Act 2018, and keep the content confidential. Keep the wording objective and factual, avoiding language that could breach the Equality Act 2010. Give specific examples with dates, set out expected standards, and offer appropriate support or training. State timeframes for improvement and explain what may follow if concerns are not addressed. Because this letter can be scrutinised in employment proceedings, accuracy and fairness matter throughout. For related HR paperwork you can pair this with an employment contract to keep standards and expectations consistent.

Legal requirements in England and Wales

Under the Employment Rights Act 1996 you must follow fair procedures when addressing workplace concerns, and this letter forms part of that process. The ACAS Code of Practice expects informal discussion before formal action, which makes this letter a useful intermediate step ahead of any warning. Mark the letter 'Private and Confidential' and deliver it appropriately to stay data-protection compliant. Set out the nature of the concerns, provide specific evidence, and give a reasonable opportunity to improve. Include any support, training or adjustments being offered, and set review dates to monitor progress. Avoid any language that could amount to harassment or discrimination under the Equality Act 2010, and keep copies as part of proper record keeping under employment legislation. Update the letter for your own facts before you sign and send it.

GOVERNING LAW

Applicable law

This Employee Letter Of Concern is drafted to comply with England and Wales law. Key legislation includes:

These are the main laws and standards that shape an employee letter of concern in England and Wales.

Employment Rights Act 1996: Primary legislation establishing basic employment rights, requirements for fair treatment, and the disciplinary procedures framework in England and Wales

ACAS Code of Practice on Disciplinary and Grievance Procedures: Statutory guidance providing a practical framework for handling workplace concerns before a formal warning, with significant weight in employment tribunal considerations

Equality Act 2010: Legislation ensuring fair treatment and preventing discrimination based on protected characteristics, requiring neutral and objective wording in workplace letters

Data Protection Act 2018 and UK GDPR: Legal framework governing the handling of personal information, including record keeping and confidentiality when you contact or write to an employee about concerns

Health and Safety at Work etc. Act 1974: Legislation underpinning the employer's duty of care, relevant where an employee's wellbeing or workplace behaviour is part of the concern being raised

Human Rights Act 1998: Legislation protecting fundamental rights including fair treatment, privacy, and the right to be accompanied in employment contexts

Company Policies: Internal organisational rules and procedures that any formal employee communication must align with

Employment Contract Terms: Specific contractual obligations that must be considered when addressing an employee's performance or conduct

Collective Agreements: Any existing agreements between employer and trade unions or employee representatives that may affect disciplinary procedures

Industry Regulations: Sector-specific rules and standards that may shape how employee concerns are addressed and recorded

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