09/04/2009      EMPLOYMENT LAW -IMPORTANCE OF THE DISCIPLINARY LETTER

From April the disciplinary procedure will no longer be constrained by the red tape of the Statutory Dispute Procedure.  However, it will still be important for employers to follow a fair and transparent procedure.  

 

Recent case study law shows that a clearly worded disciplinary letter is crucial.  Even when the statutory procedures have gone, it is crucial that an employer is transparent in what the process is about and the potential outcome.   

 

We can supply a template disciplinary letter and advice on the most appropriate wording, but employers should ensure that a letter calling an employee to a disciplinary contains:

 

• A brief outline of the alleged offence (supported by copies of any evidence that will be referred to);

 

• Whether the offences are deemed to be possible misconduct or gross misconduct;

 

• Whether dismissal is possible;

 

• That the employee has the right to be accompanied by a work colleague or Trade Union representative.

 

      
                                                                             

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.