The Termination Due To Poor Performance document is used when an employer needs to formally end an employment relationship due to consistent underperformance, following appropriate performance improvement procedures. This document, governed by English and Welsh law, should only be issued after documented performance reviews, formal warnings, and reasonable opportunities for improvement have been provided. It must comply with UK employment legislation, including the Employment Rights Act 1996 and ACAS Code of Practice, and should detail the specific performance issues, previous interventions, notice period, and appeal rights.
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1. Date and Address Details: Formal letter heading with employee's details and date
2. Clear Statement of Termination: Explicit statement that employment is being terminated
3. Performance Issues: Specific details of performance failures and previous warnings
4. Prior Steps Taken: Summary of improvement plans, support provided, and warnings issued
5. Notice Period: Details of notice period or payment in lieu of notice
6. Final Pay Information: Information about final salary, outstanding holiday pay, and benefits
7. Return of Company Property: Instructions regarding return of company assets
8. Right of Appeal: Information about appeal process and timeframes
1. Garden Leave: Terms of garden leave during notice period - used when employee has access to sensitive information or clients
2. Post-Employment Restrictions: Reminder of existing restrictive covenants - included when employment contract contains post-termination restrictions
3. Reference Provision: Information about future reference policy - included when company wishes to specify reference arrangements
1. Performance Review History: Chronological record of performance issues and warnings
2. Final Payment Calculation: Detailed breakdown of final payment including all entitlements
3. Company Property List: Itemized list of company property to be returned
4. Appeal Procedure: Detailed explanation of appeal process and requirements
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