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  • Dismissal Documents - 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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  • Dismissal Documents - Letter confirming payment in lieu of notice
    Letter confirming payment in lieu of noticeWhere you've stated an employee isn't required to work out their notice period and instead will be paid in lieu of notice, use our letter to confirm the PILON payment. You need to work out whether it's a contractual payment or not and be aware of the tax implications.Contractual payment or damages?Where there's an express clause in the employee's contract of employment permitting you to make a payment in lieu of notice (a PILON clause), then any PILON you make will...
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  • Dismissal Documents - 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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  • Dismissal Documents - 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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  • Dismissal Documents - Settlement agreement
    Settlement agreementWhen you want to prevent an employee from issuing proceedings in relation to the infringement of their statutory employment rights on termination of their employment, consider going down the settlement agreement route. This is an alternative to going through time-consuming dismissal procedures. In addition, it can also be used to settle serious employee disputes, such as allegations of constructive dismissal or unlawful discrimination.Negotiated terminationsSometimes, it will become necessary...
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  • Dismissal Documents - 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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  • Dismissal Documents - Suspension letter
    Suspension letterIn cases of gross or very serious misconduct, you should give careful consideration to suspending the employee for a brief period during your disciplinary investigation and pending a formal disciplinary hearing. Use our suspension letter for this purpose.Suspension from dutyIf there's an allegation of very serious or gross misconduct, you may decide to suspend the employee from duty whilst you carry out a full and fair investigation. Suspension may be appropriate, for example, where there is...
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  • Dismissal Documents - Letter enclosing P45 and or final salary pay slip
     Letter enclosing P45 and/or final salary pay slipIt's not always possible to provide an employee with their P45 and/or final salary pay slip on their last day of employment. In this situation, these documents must be sent on to their home address at a later date. You can use our covering letter for this purpose. Not quite ready When an employee leaves you'll need to provide them with a P45 and/or final salary pay slip. Both documents are important:a P45 must be given to any new employer; and the pay slip needs...
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  • Dismissal Documents - Letter following receipt of medical certificate during suspension
    Letter following receipt of medical certificate during suspensionIt's not uncommon for employees who are suspended from work pending a disciplinary hearing to get themselves signed off sick with anxiety, stress or depression. As the employee can't now come to work because they're apparently too sick, they don't need to be suspended any more. So, use our letter following receipt of medical certificate during suspension to turn the paid suspension into sick leave.Suspended or sick?Picture this scenario. You suspend...
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  • Dismissal Documents - Letter appointing a disciplinary investigation manager
    Letter appointing a disciplinary investigation managerWhere disciplinary allegations are made against an employee, the first stage is to appoint a manager to conduct an investigation, the purpose of which is to ascertain whether or not there is a potential disciplinary case for the employee to answer. Use our letter to do this.Role of the investigating officerIn order to comply with the Acas Code of Practice on Disciplinary and Grievance Procedures it's important that, before moving to the disciplinary hearing...
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