Conduct Policy : conduct hearing outcome - first and final written warning letter
Use this letter template when writing to an employee confirming a first and final written warning sanction has been applied following a conduct hearing.
STRICTLY PRIVATE & CONFIDENTIAL
[Recipient's name & address]
Dear <Title, Surname>,
Outcome of Conduct Hearing
Thank you for attending the conduct hearing on <DD/MM/YYYY>, at <Location>. I confirm that the hearing was held in accordance with the NHSScotland Conduct Policy. The purpose of the hearing was to consider the following allegation(s):
[The details provided here should be the same as the details provided to the employee in their original letter advising them of the allegations with further detail that has become clear during the investigation, or with any additional allegations that have been added as part of the investigation process and the employee has had an opportunity to respond to. Equally, if an allegation has been removed following the investigation, this should be clearly indicated .]
I chaired the hearing, supported by <First Name, Surname, Job Title of the HR Representative> and <First Name, Surname, Job Title><who provided><professional><technical><educational> advice. <First Name, Surname, Job Title> presented the findings from the investigation, along with <First Name, Surname, Job Title of HR representative>. At the meeting you were <represented>< accompanied> by <First Name, Surname><Union><job title>< <were not represented or accompanied and were happy to proceed on that basis>.<First Name, Surname, Job Title> attended as a witness for <management><for you>. <You><management> decided not to call any witnesses to the hearing.
Prior to commencing the hearing, you confirmed that you had received a full copy of the investigation report.
Having taking into consideration all of the information that was presented to me including you and <First Name, Surname, Union’s> response to the allegations, please find below the findings relating to the allegation(s).
1. The allegation of ###
[Provide details of the evidence that was considered – both oral and documentary where relevant and summarise the case which was presented and any mitigating factors specific to the individual allegation]
In respect of this allegation I find that there is <evidence><insufficient evidence> to support this allegation.
[Repeat for each allegation].
Insert section on general mitigation
In coming to my decision I have taken the following factors into account [insert your own findings or examples of possible factors from the following list]:
- Your length of service and the fact that no other significant incident has been raised;
- That you have had no previous indication of issues of this nature being raised by staff;
- The length of time which has elapsed before the original incident was raised;
- That you had received <no><insufficient> training in this area.
After careful consideration of all the evidence presented to me, I would advise that I am issuing you with a First and Final Written Warning. This warning will be disregarded for conduct purposes after months. However, should there be any further allegations of misconduct this may lead to further action under the NHSScotland Conduct Policy up to and including your dismissal from employment.
You have the right toappeal against my decision. Should you wish to do so, you must submit your appeal in writing, stating the grounds for your appeal, no later than 14 calendar days from receipt of this letter to <First Name, Surname, Job Title> <Address>.
<First Name Surname>
[of Chairperson at the Disciplinary Hearing]
cc: <First Name, Surname> <Investigating Manager>
<First Name, Surname><Line Manager if not the investigating Manager>
<First Name, Surname><HR support to Investigating Manager>
<First Name, Surname> <Trade Union Representative>
<First Name, Surname> <Others on Panel>