Show Cause Letters and How to Reply Them
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HIRE NOWIn a professional setting, receiving a show-cause letter from your employer or supervisor is uncommon. These letters are often sent to employees accused of violating company policies or failing to meet expected standards.
While receiving a show-cause letter can be stressful, it's crucial to understand how to respond appropriately. In this article, we'll discuss what show cause letters are, why they are essential, and provide tips on how to reply to them effectively. Whether you're an employee or a manager tasked with writing a show cause letter, this guide will help you confidently navigate this challenging situation.
Let's recap the "What, When, Why, Where and How" of a show-cause letter.
- WHAT: A show cause letter is issued by an employer to an employee requiring the employee to explain (to show cause) why they should not face disciplinary action for an allegation/allegations of misconduct.
- WHEN: When the employee is involved in a workplace dispute, has committed misconduct or has shown slackness in performance.
- WHY: A show cause letter allows the employee to explain himself before the company decides on the next action to resolve the matter.
- WHERE: The show cause letter must be given to employees in the workplace and during working hours.
- HOW: The show cause letter must contain a precisely-worded allegation of the dispute/misconduct/performance issue, including dates, times, places, and the legal provision/contractual obligation the employee breached.
As mentioned, there is no universal template for showing cause because every issue is circumstantially unique. Do not get anxious or emotional if you receive a show-cause letter from your employer. Before drafting your reply, sit down and calmly ask yourself these questions:
- Was the issuance of the show cause letter appropriate concerning the circumstances?
- Was it issued in good faith?
- Were the charges levelled against you in the letter worded or vague?
- Do you understand the charges sufficiently to produce a coherent reply?
- Were the principles of natural justice applied in the show cause letter?
Defend yourself professionally
A show-cause letter usually precedes a domestic inquiry. Sometimes it is used as a standalone mechanism of inquiry on its own. Either way suffices to fulfil the requirement of "due inquiry" in S.14 of the Employment Act 1955.
If you receive a show cause letter, you should reply to defend yourself professionally and tell the sender your side of the story. A show-cause letter is not a punishment for misconduct or poor performance.
You should ask yourself the five questions above (or other pertinent ones you can think of) because sometimes a show-cause letter is issued for something other than genuine reasons. If
- The charges are vague and/or
- The charges are for misconduct that you did not do;
- The charges are for performance issues which have already been discussed with your superior, and you are already in the early stages of an improvement plan and/or
- The charges seem to have been deliberately created to get you into trouble and/or
- The time frame is too short for you to compose a proper reply and/or
- The contents were not adequately explained to you and/or
- You were not allowed to ask questions for clarification,
And/or other things that make you feel that the show cause letter was unfairly given to you, you should consult a lawyer, Labour/Industrial Relations officer or your Union rep before you reply. You need to ensure that your reply does not contain any loophole that your employer may use to persecute you further.
Malicious show cause letters are not issued for your answer but as an entrapment to find points to justify your employer's next course of action against you, which is usually dismissal.
Do reply
Do not abstain from replying, however, because you need to state your objection towards the letter's contents or how it was given to you. If you do not respond, your employer will assume that you have nothing to say to defend yourself and proceed with whatever they want to do, and you will be seen as approving. Challenge the letter as a matter of right.
If, however, the show cause letter was fairly issued and you agree more or less to the allegations made against you, then you can follow these steps to reply:
- Keep it concise, brief and to the point. Check your spelling and your sentence construction.
- Admit your mistake. If there are reasons why you made those mistakes, you can state them briefly. Please do not get defensive; say them.
- Do not apologize. It serves zero purposes. Instead, agree to fix the mistake and not to repeat them.
- Do not write things like "If I repeat this mistake in future, the Company may terminate me." Saying stuff like that gives off the effect that you have no confidence to improve, or worse, and you are not sincere about improving at all.
- Suppose this is your first misconduct or the first time your performance has slipped. In that case, you can insert a mitigation plea and ask the Management for leniency in punishment.
- Keep the show cause letter and your reply confidential. Do not blab about them to everyone in the office, nor post them/about them on social media. You may be breaching some confidentiality policies of your Company by doing so.
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