Employment law - Disciplinary, capability and dismissal
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 ... Read more
17 Aug 2017
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 medically certified as sick with anxiety, stress or depression. As the employ... Read more
17 Aug 2017
Dealing with poor performance checklist This checklist is intended for cases where performance cannot be managed by the normal appraisal system, and the outcome may be dismissal if performance is not improved. Potentially fair dismissal reasonUnder ... Read more
16 Aug 2017
Performance review meeting order of proceedingsPerformance review meetings need to be conducted in a constructive manner, with a view to putting measures in place to help the employee to improve their performance. If dismissal is being contemplated, ... Read more
04 Nov 2016
No disciplinary action letterUse this letter when no disciplinary action is to be brought against an employee after an initial investigation. No case to answerFollowing an investigation into disciplinary allegations, you might conclude that there i... Read more
04 Nov 2016
Pre-dismissal checklistThis checklist covers matters to be considered prior to dismissing employees and can help to ensure compliance with the various legal requirements surrounding dismissals. Fair reason for dismissalMake sure you have a fair reas... Read more
27 Sep 2016
Post-dismissal checklistThis checklist should be used following all dismissals to assist in compliance with legal requirements. RestraintsAlso see our Pre-Dismissal Checklist and its introduction for matters to be considered prior to dismissing emplo... Read more
27 Sep 2016
Accepting resignation during disciplinary processThis letter is for use before a disciplinary procedure has been completed. If the disciplinary process is continued, and a decision is made to dismiss, use our dismissal after receipt of resignation le... Read more
19 Sep 2016
Dismissal due to poor performance When you want to confirm a dismissal on the ground of poor performance, you will need our dismissal letter. This is the final sanction for a lack of capability that isn't the employee's fault. Potentially fair dismissa... Read more
08 Mar 2016
Warning/final warning of poor performanceFollowing a review meeting, if you want to formally warn the employee about their performance, you will need to issue a performance warning. This should give the employee a reasonable period of time in which to... Read more
22 Dec 2015