HR - Disciplinary, capability and dismissal

Minutes of disciplinary hearing You must take minutes of each disciplinary hearing that you hold. Our document contains prompts to include all relevant information and acts as proof that you will have covered all the matters that should be mentioned ... Read more

 Witness statement checklist In any tribunal claim, the strength of your witness evidence is the key to success. So if you're unlucky enough to be on the receiving end of a claim, you must ensure that everything is covered in a comprehensive statemen... Read more

Witness confidentiality agreement and undertakingWhen you conduct disciplinary proceedings, or an investigation, you'll probably require the assistance of other employees. But you don't want them shooting their mouth off about what's going on or discuss... Read more

 Disciplinary proceedings checklist The Acas Code of Practice on Disciplinary and Grievance Procedures says that your disciplinary proceedings must be both fair and reasonable. Any failure to act in this way could result in a finding of unfair dismi... Read more

 Letter warning actions will be viewed as potential gross misconduct The penalty for proven gross misconduct is normally summary dismissal. This means that employment can be terminated without notice or pay. Certain actions, such as workplace violen... Read more

Post-disciplinary hearing checklist Your duty to act "fairly and reasonably" doesn't end with the disciplinary hearing. The decision-making process and any sanction imposed must be approached in exactly the same way. But, as with the earlier stages of t... Read more

 Letter enclosing witness confidentiality agreement and undertaking Where you require an employee to sign a witness confidentiality agreement and undertaking, it's only right that you explain the seriousness of the document to them. This should inclu... Read more

 Letter excluding employee from disciplinary hearing When faced with disciplinary action, not all employees act politely. Some have been known to become verbally or physically abusive; others have intimidated their employers and other witnesses. As ... Read more