HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Attendance and punctuality
Employers can set reasonable working hours and attendance expectations and can address persistent lateness where an employee does not meet those requirements. The employer should apply its policies and contractual arrangements consistently.
Informal management
Where lateness is relatively minor or appears capable of being resolved through discussion, an informal conversation and written confirmation can be an appropriate first step. If the issue is serious or persistent, the employer should consider its formal disciplinary or attendance procedure.
Right to be accompanied
An informal meeting about lateness does not normally carry the statutory right to be accompanied. If the matter progresses to a formal disciplinary hearing, the statutory right to be accompanied may apply. https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-4-the-disciplinary-meeting
Disability and reasonable adjustments
If lateness may be connected to a disability, employers should consider whether reasonable adjustments are appropriate before taking action. This may include adjustments to working arrangements or start times where reasonable and appropriate. https://www.acas.org.uk/reasonable-adjustments
Discrimination
Employers should take care not to treat employees less favourably because of a protected characteristic and should consider whether an attendance requirement could disadvantage a particular employee in circumstances where a reasonable adjustment or other approach may be appropriate. https://www.legislation.gov.uk/ukpga/2010/15/contents
Fair and consistent treatment
Similar cases should normally be handled consistently, while recognising that relevant individual circumstances may justify a different approach. Employers should retain sufficient records to explain how attendance concerns have been addressed.
Disciplinary procedure
Persistent lateness may potentially become a disciplinary matter where it amounts to misconduct or breaches contractual attendance requirements. Formal disciplinary action should follow a fair procedure and take account of the Acas Code where applicable. https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
Best practice
The purpose of an informal concern letter should be to address the issue early, make expectations clear and give the employee a reasonable opportunity to improve. It should not be presented as a formal warning unless the employer is actually commencing a formal disciplinary process.