First written warning for capability

    This first written warning for capability is for use as part of your formal disciplinary process.

    If you have made findings against a staff member justifying an initial written warning about their ability to do their job, this letter is to tell them about your conclusions. It gives the staff member fair notice that if they do not improve their performance within a specified period of time, a final warning will be given.

    It also gives the staff member a right to appeal against the warning.

    It is important to make sure that written warnings to your employees are clear about what the issue is and how to address it, to help them improve if at all possible. This template written capability warning notice will ensure your warning comes across loud and clear.

    You can also get this letter as part of the Disciplinary toolkit.

    Related Toolkits

    Redundancy toolkit

    This redundancy toolkit guides you through the key steps you need to take to make an employee redundant, and provides a pack of the relevant template documents you are likely to need. You will find guidance and a pack of 9 supporting documents, including letters, notices and agendas, for each step of the redundancy process: Initial steps (considering alternatives and reasons for redundancies); Creating a redundancy pool, applying selection criteria and notifying employees; Carrying out a consultation process; and Making a final decision, calculating payments and terminating employment. It also includes a template letter to offer alternative employment to employees who are at risk of being made redundant. By using this redundancy toolkit, you will ensure that your redundancy process is fair and legally compliant, which reduces the chance of any employees suing you. The guidance in this redundancy toolkit also helps you to ensure you do not make redundancies in a discriminatory way. Use this redundancy toolkit to ensure you are legally compliant without the need for a lawyer.
    • How-to guide: Redundancy toolkit
    • Redundancy - Letter warning of proposed redundancies
    • Redundancy - Selection criteria form
    • Redundancy - Provisional selection for redundancy letter
    • Redundancy - First individual consultation meeting agenda
    • Redundancy - Outcome of individual consultation meeting
    • Redundancy - Invitation to final individual consultation meeting
    • Redundancy - Final individual consultation meeting agenda
    • Redundancy - Notice of termination of employment
    • Redundancy - Offer of alternative employment

    Disciplinary toolkit

    This disciplinary toolkit will guide you through the process of handling a disciplinary matter. It includes a how-to guide and a pack of 16 relevant documents you are likely to need. You will find template letters, agendas and other documents which can be used at each key step of the disciplinary process: Investigating the disciplinary matter (including suspension of your staff member if necessary and appropriate); Attending a disciplinary meeting with your staff member; Taking disciplinary action eg written warnings or dismissal; and Providing an opportunity for your staff member to appeal your decision. The toolkit also includes a list of common disabilities, so that you can check whether you need to make any reasonable adjustments at disciplinary meetings. This toolkit will help you to follow a fair and proper disciplinary process, which reduces the risk of your staff member taking legal action against you in future.
    • How-to guide: Disciplinary toolkit
    • Suspension letter pending investigation
    • Disciplinary investigation template
    • Invitation to attend a disciplinary hearing
    • Invitation to attend meeting to discuss sickness absence
    • List of common disabilities
    • Note taking template for disciplinary proceedings
    • Basic script for conducting a disciplinary hearing
    • First written warning for capability
    • First written warning for misconduct
    • Final written warning for capability
    • Final written warning for misconduct
    • Sickness absence meeting - outcome letter
    • Dismissal letter
    • Invitation to attend a disciplinary appeal hearing
    • Basic script for conducting a disciplinary appeal hearing
    • Letter to confirm outcome of a disciplinary appeal

    Pregnancy and maternity toolkit

    This pregnancy and maternity toolkit guides you through the steps you need to take when a staff member notifies you that she is pregnant, throughout her maternity leave, and when she returns to work. It includes a how-to guide as well as a pack of 10 relevant documents you are likely to need, including: template letters and notices to arrange the beginning of your staff member's maternity leave and return to work; template letters to arrange Keeping in Touch days; and a pregnancy and maternity risk assessment template. By using this toolkit you will protect your staff member's health and safety, maintain good workplace relations and reduce the risk of any legal action being taken against you.
    • Maternity arrangements letter
    • Maternity - Amended return date letter
    • Maternity - Letter confirming sickness absence during last four weeks before childbirth
    • Maternity - KIT Day Letter
    • Employee notice of return from maternity leave
    • Letter to employee confirming dates of return from maternity leave
    • Pregnancy - health and safety letter
    • How-to guide: Pregnancy and maternity toolkit
    • Pregnancy and maternity risk assessment
    • Maternity - Employee notice of pregnancy and intention to take maternity leave
    • Pregnancy - suspension on health and safety grounds letter

    Paternity toolkit

    Please note that this toolkit has recently been updated. It can be used for employees whose child is due after 6 April 2024, or whose expected date of adoption placement is on or after 6 April 2024. If your employee's child is due to be born or placed with them before this date, this toolkit will not apply. This paternity toolkit will take you through the key steps to take when a staff member wishes to take paternity leave. It contains a how-to guide along with a pack of all the relevant template documents you are likely to need. This paternity toolkit can be used in a wide variety of situations, whether a staff member's partner is having a baby, they are adopting or they are having a baby via surrogacy. By using this toolkit, you ensure that you comply with your legal obligations, which reduces the risk of your staff member taking legal action against you and helps to maintain good workplace relations.
    • How-to guide: Paternity toolkit
    • Declaration of eligibility for time off to attend antenatal appointments
    • Employee declaration of eligibility for time off to attend pre-adoption appointments
    • Employee declaration of eligibility for time off to attend antenatal appointments with surrogate
    • Paternity arrangements letter
    • Employee notice of date of childbirth
    • Notice of updated return date from paternity leave
    • Adoption - Employee notice of date of arrival