Question 1

Invitation letter to a disciplinary appeal hearing for misconduct

Accepted Answer

What is it?
 
Make sure you do things right when you discipline an employee. Our employment solicitors can provide you with a disciplinary hearing letter/notice to be sent to the employee which sets out in clear and simple terms the disciplinary allegations, process to be followed, the employee's rights and potential sanctions.
 
Why is it important?
 
If you are formally disciplining an employee for misconduct, this letter ensures that you are complying with the unfair dismissal laws. It also meets the requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures. It is always best practice to give the employee a right to appeal any misconduct decision. The letter should tell the employee they must  appeal in writing with  their grounds of appeal. If you accept an appeal by the employee, you should respond with a  letter inviting the employee to an appeal hearing for misconduct.
 
Risks
 
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded your employee if the case went to court.

Question 2

Invitation letter to a Appeal hearing for misconduct

Accepted Answer

What is it?
 
The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Where an employee appeals against a disciplinary sanction, the employer should invite them to a disciplinary appeal hearing.
 
Why is it important?
 
The ACAS Code of Practice on Disciplinary and Grievance Procedures states that the employee should be given the right to appeal against any disciplinary sanction or decision.Our employment solicitors can provide you with an invitation letter to an appeal hearing that  helps ensure  that your processes are watertight. The invitation should include information about the employee's right to be accompanied at the appeal hearing.
 
Risks
 
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded if the case went to court.

Question 3

Disciplinary outcome letter for misconduct - warning or no action

Accepted Answer

What is it?
 
This is a letter that can be used to inform the employee of the outcome of the disciplinary meeting for example, when the outcome is a warning, dismissal or no further action is to be taken by the employer.

Question 4

Invitation letter to a performance appeal hearing

Accepted Answer

What is it?
 
This is a letter that should be used to invite an employee to a performance appeal hearing.

Question 5

Invitation letter to a performance hearing

Accepted Answer

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Question 6

Invitation letter to a performance appraisal

Accepted Answer

What is it?
An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a  period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.
Why is it important?
For example, it gives you the opportunity to:
1. review and provide feedback on their performance and set  objectives to maximise performance.
2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.
3. It can therefore assist in motivating employees, resolution of problems and the prevention of  legal disputes.
Our employment solicitors can provide you with an  invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.
Contact our employment law solicitors on 01234 938089.

Question 7

Poor performance outcome letter - warning or no action

Accepted Answer

What is it?
 
This is a letter that can be used to inform the employee of the outcome of the poor performance  meeting when the outcome is a warning or no further action is to be taken.

Question 8

Disciplinary procedure

Accepted Answer

What is it?
 
A disciplinary procedure is a formal way for an employer to deal with an employee’s unacceptable or improper behaviour (‘misconduct’) or performance (‘capability’).
 
Why is it important?
 
You should put your  disciplinary procedure in writing and make it easily available to all staff. IIt should say what performance and behaviour might lead to disciplinary action and what action your employer might take.
 
It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision.
 
Disciplinary steps : Your disciplinary procedure should include the following steps:
A letter setting out the issue.
A meeting to discuss the issue.
A disciplinary decision.
A chance to appeal this decision.
 
Risks
 
Before starting a disciplinary procedure against a member of staff , you should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution.
 
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.

Question 9

Suspension Letter

Accepted Answer

What is it?
 
This is a letter that can be used to inform the employee that the employee will be suspended pending investigation of the disciplinary allegations.

Question 10

Dismissal letter for misconduct

Accepted Answer

What is it?
 
This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the grounds of misconduct falling short of Gross Misconduct.
 
Why is it important?
 
To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.

Question 11

Dismissal letter for poor performance

Accepted Answer

What is it?
 
This Dismissal  Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal for poor performance.
 
Why is it important?
 
To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.

Question 12

Gross misconduct dismissal letter

Accepted Answer

What is it?
 
This Gross Misconduct Notice of Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the ground of gross misconduct. An employee can be dismissed “on the spot” for gross misconduct eg fighting at work.
 
Why is it important?
 
However it is best practice to follow up a gross misconduct “on the spot dismissal” with a letter fully explaining the dismissal and the reasons for the dismissal.
 
Risks
 
To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.

Question 13

Dismissal letter for employees without unfair dismissal rights

Accepted Answer

What is it?
 
This  Dismissal Letter should be used to inform the employee of their dismissal when they have under two years’ service with the employer.
 
Why is it important?
 
It is best practice to put an employee on a performance improvement plan(PIP) first before dismissing them irrespective of their length of service. This letter can be used where an employee is dismissed either with or without having been put on a performance improvement plan. In all cases, the employer should adopt a professional and respectful tone when communicating with the soon-to-be dismissed employee.
 
Risks
 
To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.

Question 14

Appeal letter

Accepted Answer

What is it?
 
This is a letter from an employee against whom a disciplinary sanction has been imposed appealing against the dismissal.
 
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.

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