Employment law - Disciplinary, capability and dismissal
Confirmation of no performance management sanctionWhere you decide not to impose a performance warning or any other performance management sanction on an employee following a formal performance review meeting, you can use our letter.No performance ma... Read more
UPDATED01 Nov 2024
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 de... Read more
UPDATED04 Oct 2024
Letter to sick employee confirming disciplinary hearingIf an employee has been signed off on long-term sick leave during the disciplinary process, there will come a point when you need to progress the disciplinary hearing to its conclusion. Use our l... Read more
14 Jun 2024
Letter to sick employee confirming performance reviewIf an employee has been signed off work on long-term sick leave during the performance management process, there will come a point when you need to move forward with the performance review meeting.... Read more
14 Jun 2024
Alternative disciplinary sanctions letterIt's possible to impose a disciplinary sanction other than 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 ... Read more
12 Feb 2024
Disciplinary demotion letterInstead of dismissing an employee for misconduct or gross misconduct, it is permissible to demote them as a disciplinary sanction provided this is on a temporary basis and you have the contractual right to do so. Our disci... Read more
12 Feb 2024
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 pr... Read more
05 Feb 2024
Notice of performance review meetingIt's possible to deal with performance issues through your disciplinary procedure. However, where the issue is one of "can't perform" (due to lack of capability) as opposed to "won't perform" (for example, because of nega... Read more
11 Sep 2023
Notification of disciplinary hearingIf you want to take disciplinary action against an employee, the first step is to write to them setting out the allegations and requiring their attendance at a formal disciplinary hearing. Our notification of disci... Read more
11 Sep 2023
Request to attend investigatory meetingOnce allegations have been made against an employee relating to misconduct in the workplace, the first step is to conduct a proper investigation. Particularly where the allegations are reliant on the witness evi... Read more
07 Jul 2023