Letter—to employer client regarding disciplinary investigation and hearing process

Copyright © 2025 LexisNexis
Published by a LexisNexis Employment expert
Precedents

Letter—to employer client regarding disciplinary investigation and hearing process

Copyright © 2025 LexisNexis

Published by a LexisNexis Employment expert

Precedents
imgtext

[Insert name and address of Client]

Dear [name]

Disciplinary investigation and hearing—employee misconduct

I am writing to set out my advice on appropriate procedures to deal with misconduct allegations against [insert name of employee], namely how to conduct the disciplinary investigation and any subsequent disciplinary hearing.

The main risks that an Employer faces in these circumstances are claims of unfair dismissal if the employee is dismissed, claims of wrongful dismissal if the employee is dismissed without notice for gross misconduct, and claims for constructive dismissal and unlawful discrimination even if the employee is not dismissed. Handling disciplinary issues carefully can help reduce the risk of all these claims being made at all, and reduce the risk of them succeeding even if they are made.

Keeping a proper documentary record of the various stages of the process along the way is absolutely crucial, as a full ‘paper trail’ can greatly assist in defending employment tribunal claims; I deal with this issue at the end of this letter.

It is also very important to[ follow

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Employer definition
What does Employer mean?

Also known as the client or developer. The person for whom the works are undertaken under the contract'>building contract by the contractor. Sometimes, but not necessarily, the employer is the owner of the site.

Read more readmore

Popular documents

What should a collective grievance process look like?

What should a collective grievance process look like?Paragraph 47 of the Acas Code of Practice on disciplinary and grievance procedures describes a collective grievance as a grievance raised on behalf of two or more employees by a representative of a recognised trade union or other appropriate

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit