Have you been given a letter from your employer that threatens that your employment may be terminated unless you can “show cause” why you deserve to stay employed? Or are you concerned that your employer may be attempting to performance-manage you out of your job?
If so, this blog is for you.
Receiving a show cause letter from your employer is a serious matter. If you fail to respond, it is almost inevitable that your employment will be terminated. Similarly, if you fail to respond effectively, it is probable that termination of employment will result. Receiving a show cause letter is the alarm bell that your employer is not happy with your performance or conduct and their intentions are to exit you from the business unless you can persuade them otherwise.
It is vital that you take immediate steps to protect your legal rights so that you can be sure to respond to the letter effectively and safeguard your position.
But what exactly is a show cause letter and how do you respond effectively?
What is a Show Cause Notice?
A show cause letter (which is also sometimes referred to as a show cause notice), is a letter that is issued by an employer when the employer believes that you (their employee) have breached a workplace policy or engaged in misconduct. It puts you on notice that your employer is considering taking disciplinary action against you, which will likely involve the termination of your employment.
The objective of a show cause letter is to provide you with an opportunity to respond to the proposed disciplinary action and to explain why disciplinary measures should not be taken and/or why the proposed disciplinary measure is not an appropriate response to the alleged conduct issue in question.
Be aware – your employer will not do you any favours
It is very rare that an employer will explain to you in any great detail what the significance of a show cause letter is. Likewise, it is very rare that they will take the time to ensure that you properly understand what you are required to do in responding to the show cause letter – it is up to you to seek appropriate legal advice from an employment lawyer to figure that out.
It is very common that when an employee does not seek legal advice prior to responding to the show cause letter, they do a very poor job at defending themselves and will likely face termination of employment.
To defend your rights, you need to get informed.
How to respond to a show cause letter – a step by step guide
1. Understand the Purpose of the Show Cause Letter
- If issued for lawful reasons, you have received a show cause letter because your employer believes that you have breached a policy or engaged in misconduct that warrants disciplinary action.
- The letter is your opportunity to explain why the proposed disciplinary measures should not be taken.
Note: If you believe the show cause letter has been issued for ulterior motives, or your employer is trying to performance-manage you out of your job to disguise the real reasons for wanting to get rid of you, you may have rights under the General Protection laws or anti-discrimination laws. Seek employment law advice immediately and notify your lawyer of your beliefs so that you can defend your rights.
2. Determine the Nature of the Allegations
- Read the letter carefully to understand what is being asked of you. Ask yourself – what is the specific allegation or finding? What is it that my employer believes I have done wrong?
- The show cause letter may seek an explanation for a specific event or incident, or it may list a number of issues requiring your careful response.
- Use a highlighter or underline the relevant issues so you can be sure not to miss anything pertinent.
- If you need to, read the letter a couple of times, take a break and come back to it, to ensure your immediate emotional reaction to the letter is in check.
3. Review Relevant Policies and Procedures
- Check if there are any relevant policies or procedures related to the allegations mentioned in the show cause letter. Ask yourself – do I have a copy of that policy or procedure? If not, request a copy from your employer.
- Some common policies and procedures that will typically be relevant (if they exist) include: a Code of Conduct, an Employee Handbook, a workplace grievance policy, bullying policy or performance management policy.
4. Assess the Timeframe for Response
- Your employer should provide a reasonable timeframe for your response. There is no legal definition of what constitutes a reasonable timeframe, but your employer should give you enough time to properly consider the contents of the letter, seek advice, and prepare your response. While there is no golden rule, it is generally reasonable to be given at least 7 days in which to respond to a show cause letter – but more often than not your employer will demand a response within 24 or 48 hours.
- If the given timeframe is unrealistic, you can request an extension of time in which to respond.
Note: Your should consult an employment lawyer before seeking an extension of time. This is to ensure that the reasons you give your employer for needing an extension are reasonable and convincing.
If your employer refuses to grant you an extension of time – seek further legal advice and prepare the best you can in the meantime.
5. Draft an Outline of Your Response
- The required response will depend on whether or not your employer has given you notice of the allegation in question previously. That is, whether they have already given you an opportunity to respond to the allegation before they informed you that they are considering taking disciplinary action against you.
- If the show cause letter is the first notice you have received of any allegations, you will need to include a considered response to the allegations as well as the proposed disciplinary action. To do, this start by creating a written chronology (or timeline) of events related to the allegations. Ask yourself – what is my recollection of what occurred on that date? It helps to keep the chronology separate to your draft response initially so that you do not get bogged down in potentially irrelevant detail.
- If you have any relevant documentation to support your response, gather that now.
- Once you have your chronology and outline of your recollection of events, you can now start to prepare your response to the allegations.
- If explaining an event, provide as much information as is relevant. Keep it clear and concise. Be sure to address every element of the allegation. Include reference to supporting documentation where relevant.
- If the show cause letter is not the first notice you have received of any allegations (that is, you have already responded previously), then your response to the show cause letter will centre more on the proposed disciplinary action. Ask yourself – why do I think the proposed disciplinary action is unwarranted or unfair?
- Consider any mitigating circumstances that may have contributed to the situation. Is this your first offence? Has your employer given you adequate training and support? Has your employer afforded you the opportunity to improve in any identified areas of concern? Are their any workplace conflict issues that are impacting the issues in question? Do you believe you are being vitcimised? Are there any personal reasons impacting your performance or conduct at work? What does your employer need to know that they appear to have missed in considering the proposed disciplinary action?
6. Finetuning your Response
- Be sure thar your response is professional and courteous and does not come across as being hostile or overly defensive. You want to demonstrate to your employer that you deserve to keep your employment and negate their perception that you are no longer the right fit for the team.
- Ensure that you address all questions and issues provided in the show cause letter in a clear and logical manner. Use headings, paragraphs and numbering to assist the reader with following your response.
7. Consult an Employment Lawyer at Rubix Legal
- If you have not already sought advice from an employment lawyer, you should do so before finalising and submitting your response.
- An employment lawyer will be able to identify the strengths and weaknesses of your response and provide you with vital advice on how to improve your response. They will also be able to provide you with a strategic advice on your legal rights and options, particularly if you believe your employer is trying to unfairly push you out of your role or is taking adverse action against you for some unrelated reason.
8. Seek emotional support
- Receiving a show cause letter is extremely stressful and upsetting. It is important that you prioritise your health and ensure that you have an appropriate support network in place.
- You are entitled to seek an assessment from your GP and take personal leave if your health requires it. This may in turn mean that you have some additional time in which to deal with the show cause letter.
- If your employer offers an Employee Assistance Program (EAP) you are entitled to seek counselling and support through that program.
- It is important that you have adequate emotional support to ensure that you are able to effectively respond to the show cause letter and navigate the performance management process confidently.
9. Submit your response
- Be sure to submit your response to the show cause letter within the applicable timeframe. Submit the response in writing via email to ensure that it has been received in time.
- Alternatively, if you have engaged legal representation to assist you with preparing your response to the show cause letter your lawyer can submit the response on your behalf. This will mean that all correspondence in relation to the show cause letter will be directed to your lawyer in the first instance. This is particularly helpful when you do not feel equipped to deal with the matter directly yourself or you are experiencing significant stress and anxiety and need a helping hand.
10. Await the outcome
- Once you have submitted your response to the show cause letter, it is a matter of waiting for the outcome. If you have been suspended on full pay pending the outcome, then you will remain on paid suspension. Alternatively, if you are permitted to return to work pending the outcome, then you will be expected to do so unless you are on certified leave.
- It is imperative that you maintain confidentiality in relation to the show cause letter and associated process. It is very common for employers to raise a fresh allegation that you have breached confidentiality if you happen to say anything to anyone, even if you were only trying to gather evidence to support your defence.
- If your employer ultimately decides to dismiss you from your employment, you may have grounds for a claim. For instance, an unfair dismissal claim, general protections claim, discrimination claim, or breach of contract claim.
- Some claims, such as unfair dismissal, have strict time frames that apply (e.g., within 21 days from the date of termination).
- Seek legal advice promptly to ensure that you can fully explore your legal options and meet the relevant deadlines.
How Can Rubix Legal Help?
We assist employees with responding to show cause letters on a daily basis. We offer a variety of services tailored to your specific needs and requirements.
These services include a variety of done for you, done with you or DIY options. For instance, we can:
- Review the draft response to the show cause letter that you prepare yourself and providing key advice on how to better your response and protect your rights.
- Draft the response to the show cause letter on your behalf and formally act for you in relation to the entire process.
- Act as your silent advisor giving you tips and direction in the background on how to navigate the process with your employer.
- Provide you with a template to assist you with crafting your own response.
