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  • 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...
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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...
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  • 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...
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  • Employment - Letter following disciplinary appeal hearing
    Letter following disciplinary appeal hearingAfter the disciplinary appeal hearing, you need to formally notify the employee in writing of the outcome. The decision on an appeal is normally final unless your disciplinary procedure specifically contains a right of further appeal to a higher level of management.Uphold or rejectAfter hearing the employee's submissions on appeal, there are two possible outcomes. The first is that you decide to reject the appeal. This means the decision to issue a warning to or to...
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  • 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...
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  • Employment - Incapacity checklist
    Incapacity checklist Use this checklist to help you manage employees who are absent for a long period or are persistently absent for short periods due to sickness or injury.  Your procedure for managing sickness should be separate from your disciplinary procedure for all cases of ill health as opposed to misconduct. However, if possible misconduct has been identified, and informal counselling does not resolve the problem or is not appropriate, a disciplinary procedure should be followed. Obtaining medical...
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  • Employment - Disciplinary investigation report
    Disciplinary investigation reportOur disciplinary investigation report will help an investigating officer summarise the investigation that was carried out, including the evidence gathered, what it shows (and doesn't show) and their recommendations for the next step.Investigation summaryA fair disciplinary procedure doesn't absolutely require that a written investigation report is produced but many investigations will benefit if the findings are recorded in writing, so the investigating officer should fill in...
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  • Employment - Letter confirming expiry of a warning
    Letter confirming expiry of a warningIt's worth letting an employee know when a warning has expired so that they're aware the disciplinary or performance management paperwork has been removed from their file in compliance with data protection obligations, but that you've kept a summary of the action and sanction as you might need it in the future.Validity of warningsThe period of validity of a disciplinary or poor performance written or final written warning should appear in your disciplinary or capability procedure...
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  • Employment - Written warning and final written warning
    Written warning and final written warningFollowing a disciplinary hearing, if you want to formally warn the employee you will need to issue either a written warning or a final written warning. These are important documents so you should ensure you draft them carefully; a one-liner simply telling the employee you are giving them a "written warning" won't be sufficient.The warnings procedureUse our Written Warning and Final Written Warning letters to issue formal written warnings to the employee. The written warning...
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  • Employment - Misconduct checklist
    Misconduct checklistUse this checklist to help you deal with an employee's misconduct. This will involve carrying out an investigation and then, if there is a case to answer, proceeding to a disciplinary hearing, after which you will need to consider the penalty and communicate your decision to the employee.What is misconduct?Misconduct is conduct which initially requires disciplinary action other than dismissal, such as a minor breach of company rules, policies and procedures, minor damage to company property,...
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1 to 10 of 59 articles