Employment law - Disciplinary, capability and dismissal

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

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 specifica... Read more

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 contain... Read more

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

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 discipl... Read more

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... Read more

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 obligatio... Read more

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 dr... Read more

Tribunal preparation checklist If litigation cannot be avoided, the parties should prepare themselves as thoroughly as possible in order to bring or defend the case effectively. This checklist will help you prepare in the event that no resolution ha... Read more

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 l... Read more