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Employment - Disciplinary procedure
Disciplinary procedureDealing with conduct and other disciplinary matters is one of the most difficult challenges for any employer. Make a wrong move and an employee can exact a high price. And even if you've a good reason to take action, tribunals demand that you follow the right procedure to the letter. Our disciplinary procedure shows you how to play it safe and stay on the right side of the law. A fair misconduct dismissalYou only have to open the newspapers to read of another employment tribunal claim involving...Click here -
Employment - Capability procedure
Capability procedureDealing with an employee's poor performance can be particularly difficult where you know they are simply incapable of fulfilling the tasks and duties expected of them in their role, so they aren't really to blame. Our capability procedure ensures you deal with the problem both fairly and sympathetically.What is capability?Capability essentially refers to an employee's skills, ability and knowledge in relation to their job. Where capability is lacking, this usually leads to unsatisfactory...Click here -
Employment - Attendance procedure
Attendance procedureOur attendance procedure provides a process for dealing with genuine but persistent short-term sickness absence. It's not suitable for long-term incapacity cases.ApplicationA dismissal due to persistent short-term sickness absence could either be due to conduct, capability or some other substantial reason (SOSR). You should use our Disciplinary Procedure where there's evidence that the employee's sickness absence isn't genuine or where there's any other suspected misconduct relating to sickness...Click here -
Employment - Disciplinary hearing order of proceedings
Disciplinary hearing order of proceedingsWhere managers are asked to chair disciplinary hearings, if they're new to the whole experience, it's helpful to give them guidance on how the hearing should be conducted. Our document will assist in ensuring they conduct hearings appropriately and cover all the matters that need to be dealt with in a logical and fair order.Acas Code of PracticeThe Acas Code of Practice on Disciplinary and Grievance Procedures sets out the principles of fairness for handling disciplinary...Click here -
Employment - Alternative disciplinary sanctions letter
Alternative disciplinary sanctions letterIt's possible to impose a disciplinary sanction other than a formal warning or dismissal on an employee provided you've the contractual right to do so and the sanction is only temporary.Usual disciplinary sanctionsThe Acas Code of Practice on Disciplinary and Grievance Procedures indicates that the usual sanction in disciplinary cases will either be a written warning, a final written warning or dismissal, depending on the stage of the procedure you're at and the seriousness...Click here -
Employment - Criminal offences committed by staff policy
Criminal offences committed by staff policyThere can be serious implications for you if one of your employees is under investigation for or charged with a criminal offence or convicted of a crime. Depending on the nature, you may wish to take disciplinary action against the individual. Our policy explains how you will deal with this situation. In their own time Generally, what an employee gets up to in their own time is a matter for them. There are only a few exceptions to this rule. One of these involves...Click here -
Employment - Dismissal due to unsatisfactory attendance
Dismissal due to unsatisfactory attendanceWhen you want to implement a dismissal on the ground of unsatisfactory attendance levels, use our dismissal letter. This is the final sanction under our attendance procedure.Potentially fair dismissal reasonIf you dismiss an employee due to their poor attendance record caused by their recurring short-term sickness absences, rather than due to their health itself, your potentially fair reason for dismissal is likely to be some other substantial reason (SOSR) and not capability....Click here -
Employment - Warning/final warning of unsatisfactory attendance
Warning/final warning of unsatisfactory attendanceFollowing an absence management meeting, if you want to formally warn the employee about their unsatisfactory attendance, use our warning letter. It can also be adapted for use as a final warning.Fair warningThe warning should set out the employee's unsatisfactory sickness absence record and what improvements in their attendance levels are required (making sure you're setting realistic targets), provide a reasonable timescale for improvement, advise them that...Click here -
Employment - Notice of absence management meeting
Notice of absence management meetingIt's potentially fair to dismiss an employee because of an unsatisfactory attendance record caused by persistent but genuine short-term sickness absences, provided a proper procedure is followed which is fair and reasonable in all the circumstances and you act reasonably in treating the employee's poor attendance as a sufficient reason to dismiss them. Use our letter to kick start the formal process.Potentially fair dismissal reasonWhether the potentially fair reason for dismissal...Click here -
Employment - Letter following poor performance appeal meeting
Letter following poor performance appeal meetingAfter the poor performance appeal meeting, you will need to formally notify the employee in writing of the outcome. The decision on an appeal is normally final unless your capability procedure specifically contains a right of further appeal to a higher level of management.Notification of the outcomeUse our Notice of Poor Performance Appeal Meeting to arrange an appeal meeting in circumstances where an employee has appealed under your capability procedure, whether...Click here
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