Informal Discussion Letter UK: Misconduct Guide
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Part ofUK Employment Law Guide for Employers (2025)
Handling concerns about an employee's conduct or performance is rarely straightforward. Most employers prefer to deal with smaller issues quietly, through a conversation rather than a formal hearing, and that is where an Informal Discussion Letter comes in. It puts on paper what was said during an informal chat, what has been agreed, and what needs to change going forward.
Used well, it gives both sides a clear reference point and helps avoid small problems escalating into disciplinary proceedings. This guide walks through when an Informal Discussion Letter is appropriate, how it fits alongside the ACAS Code of Practice, what it should typically contain, and the practical pitfalls to watch for.
Whether you run a small business without an HR department or you manage people as part of a wider role, understanding this document can help you deal with workplace issues more confidently and fairly.
What this document is
An Informal Discussion Letter is a short written record that follows a private, informal conversation between a manager and an employee about a conduct or performance concern. It is not a disciplinary warning, and it does not form part of any formal process.
Instead, it captures what was discussed, any concerns raised on both sides, and any practical steps agreed to put things right. Employers in England and Wales often use this approach for low-level issues such as occasional lateness, minor lapses in standards, or a dip in output that looks temporary.
The tone is deliberately supportive rather than punitive. By writing things down, both the employer and the employee have a shared understanding of what was said and what happens next, which reduces the risk of misunderstandings later. If the behaviour improves, the matter usually ends there.
If it does not, the letter can help show that the employer tried a proportionate, fair route before moving to anything more formal.
How to use this document
- Identify whether informal action is appropriate. Consider the nature of the concern. If the issue is minor, a first-time lapse, or looks like a misunderstanding, an informal approach is often suitable. More serious matters such as dishonesty, bullying, or safety breaches typically call for a formal process from the outset.
- Hold the informal conversation first. Speak with the employee in private before writing anything. Explain what you have noticed, listen to their side, and try to reach agreement on what needs to change. The letter should reflect that conversation, not replace it. Avoid ambushing someone with a letter out of the blue.
- Draft the letter clearly and fairly. Summarise what was discussed, the concerns raised, any explanation given, and the actions agreed. Keep the language neutral and factual. Make clear this is not a disciplinary warning, but note that formal steps may follow if the issue continues or recurs.
- Share the letter and invite a response. Give the employee a copy and the chance to comment or correct anything they disagree with. This protects fairness and reduces later disputes about what was said. Keep your own signed copy on the personnel file along with any notes from the meeting.
- Follow up and monitor progress. Agree a reasonable review period and check in with the employee. If things improve, acknowledge it. If they do not, the informal route has been exhausted and the next step will usually involve the formal procedure set out in your disciplinary policy and the ACAS Code.
Common questions
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Common questions
Q Is an Informal Discussion Letter the same as a written warning?
No. A written warning is part of the formal disciplinary procedure and sits on an employee's record for a defined period. An Informal Discussion Letter is not a sanction. It records an informal chat and any agreed actions, usually for minor issues. If behaviour does not improve, the employer can still move to the formal procedure, but the letter itself is not a warning.
Q Do I have to follow the ACAS Code for informal discussions?
The ACAS Code of Practice on Disciplinary and Grievance Procedures applies to formal matters rather than informal conversations. However, tribunals expect employers to act reasonably throughout. Dealing with minor issues informally first is generally seen as good practice. If the matter later becomes formal, any tribunal can adjust awards where the Code has not been followed fairly.
Q Can the employee bring someone to an informal meeting?
The statutory right to be accompanied applies to formal disciplinary and grievance hearings, not informal chats. That said, many employers allow a colleague to attend if the employee asks, particularly where the conversation may feel difficult. Being flexible can help build trust and make the discussion more productive, even if there is no strict legal obligation.
Q How long should we keep an Informal Discussion Letter on file?
There is no fixed rule, but employers usually keep informal records for a limited period, often six to twelve months, in line with their data retention policy. The letter should be stored securely and handled in accordance with UK GDPR and the Data Protection Act 2018. Retaining it indefinitely without reason may be difficult to justify.
Q What happens if the employee refuses to agree with the letter?
An employee is not required to sign or formally accept the letter. If they disagree with the content, give them the chance to provide a written response and keep that on file alongside the letter. This shows the process was fair. If agreement cannot be reached and concerns continue, you may need to consider whether formal action is appropriate.
Q Can an Informal Discussion Letter be used in a tribunal?
Yes, it can be produced as evidence. Employers sometimes rely on it to show they took a proportionate, measured approach before escalating. Employees may also refer to it, for example to challenge later decisions. That is why the letter should be accurate, balanced, and reflect what was actually said rather than a one-sided account.
Q Should small employers without HR still use this approach?
Yes, arguably more so. Smaller employers are held to the same fairness standards as large ones, even without a dedicated HR team. A short, well-written Informal Discussion Letter creates a clear paper trail, supports consistency, and helps demonstrate that issues were handled reasonably if matters ever escalate to a formal process or tribunal claim.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Official SourceACAS Code of Practice on Disciplinary and Grievance Proceduresacas.org.uk
- Official SourceACAS guidance on discipline and grievances at workacas.org.uk
- Guidance · UK GovGOV.UK: Taking disciplinary action against an employeegov.uk
Legal helpline
Unsure whether to handle it informally or formally?
Choosing between an informal chat and a formal disciplinary process is one of the trickiest calls for any employer. An experienced legal adviser can help you think through the situation based on what you describe, so you can move forward with more confidence.
- Plain-English answers to your specific questions about the concern
- Practical perspective on whether informal or formal action fits your situation
- Guidance tailored to what you describe about the employee and workplace
- A clearer sense of what to watch out for as a next step
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.