Disciplinary Template Letters

DISCIPLINARY TEMPLATE LETTERS

CONTENTS

All letters contained in this pack are broadly applicable and should be amended according to the particular circumstances

Notification of suspension
Notification of investigation
Further allegation arising prior to investigatory interview
Invite to investigatory interview
Further allegation arising from investigatory interview
Outcome of the investigation
Notification of the disciplinary hearing
Adjournment of the disciplinary hearing
Disciplinary hearing decision other than dismissal
Disciplinary hearing decision – Dismissal with notice
Disciplinary hearing decision – Dismissal without notice

Notification of Suspension

PRIVATE & CONFIDENTIAL

<Date>

Dear <Addressee>

Precautionary Suspension from Duty

Further to the discussion you had with your line manager <Name> regarding the above, I am writing to confirm that you were suspended from duty with immediate effect whilst the following allegation(s) of misconduct are investigated.

Allegations:

An appropriate Investigator will be appointed shortly and their appointment will be confirmed in writing to you. In the course of the investigation you will be interviewed and will be invited to offer explanation or comment on the allegations. You are encouraged to be accompanied at the interview by your trade union representative or work colleague. Any information which is gained during the investigation process may be presented at any subsequent disciplinary hearing.

During your suspension you will continue to receive contractual pay, which will be the normal remuneration applicable immediately prior to your suspension. However should you fall ill during the period of your suspension, you should comply with the sickness absence reporting procedures in full and should continue to seek approval for annual leave in accordance with procedures. Your sickness pay entitlement will commence at the point illness commences albeit your suspension will continue. You will/not continue to accrue holiday entitlement throughout your suspension.

It is a term of your suspension that you are not required to attend work (including relief work) however should you wish to visit your place of work or any other county council establishment during your suspension for any reason, you should do so only by prior permission and arrangement with me. Failure to seek such prior permission may be treated as serious misconduct.

You should remain available to the county council during your normal working hours over the period of your suspension and attend meeting(s) as appropriate. You are encouraged to be accompanied at the meetings by your trade union representative or work colleague.

I appreciate that suspension from work can cause concern and that you may want to share your feelings and concerns with someone. The following support arrangements are therefore available if you wish to make use of them.

Suspension leaflet (included)

Your support officer is <Name and Number>

<Insert or Delete> Relate, the confidential counselling service, which the Social Services Directorate provides for its staff

(NB This service is only available for Social Services employees)

The county councils employee support and counselling service which can be accessed by telephoning Lincoln (01522) 836198

You can also make with your own independent arrangements for support during the investigation by contacting your staff/union representative.

I would remind you that you are not to discuss any aspect of the investigation with anyone other than named in this letter.

The above is in accordance with the County Council’s Disciplinary Procedure, a copy of which is enclosed. May I remind you that being suspended from duty is not a disciplinary sanction and does not imply any presumption of guilt on your part.

If you require any advice or clarification on the operation of the procedure please contact <Name> on <Number> who will be happy to assist.

Please acknowledge receipt of this letter by signing and returning one copy of this letter to me in the prepaid envelope enclosed.

Yours sincerely

<Name>

Director of <Directorate>

Encl.

I acknowledge receipt of a copy of this letter dated <Date>

SIGNED……………………………………………DATE…………………………..

NAME (Print)………………………………………

Notification of Investigation

PRIVATE & CONFIDENTIAL

<Date>

Dear <Addressee>

Investigation into Matters Which May Lead to Disciplinary Action

Further to the discussion you had with your line manager <Name> regarding the above, I am writing to confirm that a thorough investigation into the following allegation(s) of misconduct will be undertaken by <Investigating Officer(s) name(s) title(s)>

Allegations:

In the course of the investigation you will be interviewed and will be invited to offer explanation or comment on the allegations. You are encouraged to be accompanied at the interview by your trade union representative or work colleague.

Should any additional allegation(s) come to light during the course of the investigation I will advise you in writing that this/these allegation(s) will also be investigated. Any information which is gained during the investigation process may be presented at any subsequent disciplinary hearing.

I would remind you that you are not to discuss any aspect of the investigation with anyone other than named in this letter.

You will be informed in writing of the outcome of the investigation at the point that it is concluded. (In the meantime you should continue to comply with the terms of your suspension as detailed in the letter to you dated ………) only insert where the employee is suspended

The above is in accordance with the County Council’s Disciplinary Procedure, a copy of which is enclosed.

If you require any advice or clarification on the operation of the procedure please contact <Name> on <Number> who will be happy to assist.

Yours sincerely

<Name>

Further allegation arising prior to investigatory interview

PRIVATE & CONFIDENTIAL

<Date>

Dear <Addressee>

Investigation into Matters Which May Lead to Disciplinary Action

I refer to my letter dated <date of notification of appointment of investigator> and write to advise you that the following additional allegation(s) has come to light during the course of the investigation:

Allegations:

The allegation(s) is/are now formally added to those included in the above-mentioned letter.

In the course of the investigation you will be interviewed and will be invited to offer an explanation on the matter, you may also be questioned further. You are encouraged to be accompanied at the interview by your trade union representative or work colleague. Any information which is gained during the investigation process may be presented at any subsequent disciplinary hearing.

The above is in accordance with the County Council’s Disciplinary Procedure, a copy of which was provided to you in earlier correspondence.

If you require any advice or clarification on the operation of the procedure please contact <Name> on <Number> who will be happy to assist.

Yours sincerely

<Name>

Investigatory Interview

PRIVATE & CONFIDENTIAL

<Date>

Dear <Addressee>

Investigation into Matters Which May Lead to Disciplinary Action

I refer to my letter(s) dated <Letter one> and <letter two if applicable> which informed you that you would be interviewed during the course of the investigation. The purpose of the interview is for the investigator to make further enquires of you in relation to the allegations and the circumstances giving rise to them and to give you opportunity to respond and offer explanation. The allegations which are subject of the investigation are:

Allegations:

I am now able to make arrangements for <investigators name> to conduct the interview and should like this to take place on <date/time/venue>

You are encouraged to be accompanied at the interview by your trade union representative or work colleague. Should you wish to arrange to be accompanied you should do so without delay and should contact me directly should any difficulties arise in making arrangements.

You are reminded that any information which is gained during the process of the interview may be presented at any subsequent disciplinary hearing.

The above is in accordance with the County Council’s Disciplinary Procedure, a copy of which was provided to you in earlier correspondence.

If you require any advice or clarification on the operation of the procedure please contact <Name> on <Number> who will be happy to assist.

In the meantime, I should be grateful if you would confirm that you will be attending by return of post or contact me directly on <number> should you have any difficulty with the arrangements.

Yours sincerely

<Name>

Further allegation arising from investigatory interview

PRIVATE & CONFIDENTIAL

<Date>

Dear <Addressee>

Investigation into Matters Which May Lead to Disciplinary Action

I refer to the investigatory interview which took place <earlier today/yesterday/on…with….>. During the course of the interview you referred to a matter which gave rise to a further allegation of misconduct:

Allegations:

<Investigators name> interrupted the interview at the point that the matter was raised and informed you that the information given constituted a further allegation of misconduct. He/she then offered you opportunity to adjourn and reconvene at a later time in order to give you the opportunity to responded to the new allegation.

<Investigators name> then gave you the opportunity to seek advice, which you did/did not and [following the adjournment] you confirmed your wish to continue with the interview with the inclusion of the new allegation.

<Investigators name> confirmed formally that the above allegation had been added to those notified to you on <date> and I am therefore writing to reiterate the confirmation in writing. The allegation was included in the matters subject to the investigatory interview as agreed.

The above is in accordance with the County Council’s Disciplinary Procedure, a copy of which was provided to you in earlier correspondence.

Yours sincerely

<Name>

Outcome of the Investigation

PRIVATE & CONFIDENTIAL

<Date>

Dear <Addressee>

Investigation into Matters Which May Lead to Disciplinary Action

I write further to my letter dated <date of notification of investigation> in order to advise you that the investigation is now complete. The outcome of the investigation is that your explanation has been accepted and/or there is no evidence to support the allegation(s) and there will, be no further action on the matter.

Your suspension is now lifted and you should return to work at/on (in consultation with line manager). The matter is now concluded.

I should like to make arrangements for this to be conducted without delay and should like this to take place on <date/time/venue>. I should be grateful if you would confirm your attendance by return of post.

I write further to my letter dated <date of notification of investigation> in order to advise you that the investigation is now complete. The outcome of the investigation is that there is a case for you to answer. My decision therefore, is that the matter will be put before a disciplinary hearing in accordance with the County Councils Disciplinary Procedure and this letter serves as formal notification of this. The specific allegation(s) which will be considered at the hearing is/are:

Allegations:

You have the right to be accompanied by your trade union representative at the hearing. If you wish to exercise this right you should inform me to make the necessary arrangements.

Confirmation of the arrangements for the hearing, which will be made in consultation with your representative, will be sent to you in due course. In the meantime I must advise you that the Hearing may proceed in your absence should you fail to attend without advance notification to me and without good reason.

The above is in accordance with the County Council’s Disciplinary Procedure, a copy of which was provided to you in earlier correspondence.

Yours sincerely

<Name>

Notification of the Disciplinary Hearing

PRIVATE & CONFIDENTIAL

<Date>

Dear <Addressee>

Notification of the Intention to Hold a Disciplinary Hearing

I write further to my letter dated <date of Outcome of the Investigation letter> in order to formally advise you that you are required to attend a disciplinary hearing as detailed below:

Date:

Time:

Venue:

These arrangements have been made in consultation with [you/your representative] and I would remind you that the hearing may proceed in your absence should you or your representative fail to attend without advance notification to me and without good reason.

The hearing will be conducted by a Panel consisting of <name and title> Panel Chairman <name and title> Independent Manager and <name> HR Adviser

The specific allegations which will be considered at the hearing are:

Allegations:

In view of the seriousness of these allegations the Panel will consider what disciplinary action to take, if any, and whether the Authority can continue to have trust and confidence in your ability to carry out your job. You need to be aware that all disciplinary matters are considered serious and a range of sanctions are available including dismissal.

During the course of the hearing you will have the right to hear and question all evidence presented covering the allegations and to provide a statement on your own behalf. A full documentation pack including a copy of the evidence the Authority will be presenting will be forwarded to you a minimum of 5working days prior to the hearing. Any documentation you wish to present must be received by me no less than 7working days prior to the hearing. This is so that it can be included in the documentation pack and in order to avoid unnecessary delays at the hearing.

It is/not the intention to call witnesses to the hearing. These will include<name of witness(s) if applicable>. If you would like to call any witnesses you must inform me by means of return of the copy of this letter.

As this is a formal disciplinary hearing you may be accompanied by your trade union representative. A copy of this letter has therefore been forwarded to your representative [if applicable]

The above is in accordance with the County Council’s Disciplinary Procedure, a copy of which was provided to you in earlier correspondence.

Please acknowledge receipt of this letter by signing the attached copy and returning it to me in the pre-paid envelope provided by return of post.

<Insert/Delete> I have enclosed documents which will be presented at the hearing

The documentation which will be used at the hearing will be forwarded to you in due course.

Yours sincerely

<Name>

Commissioning Officer

Enc.

cc: <Representative/ Union>

I acknowledge receipt of this letter inviting me to a disciplinary hearing at <Venue> on <Day> <Date> <Time> and confirm I will be attending.

SIGNED……………………………………………DATE…………………………..

NAME (Print)………………………………………

I will be forwarding my documentation for presentation at the hearing by no later than <insert date documents required>

Delete as appropriate: I do not intend to call witnesses

I intend to call the following witnesses

Name------Title------

Adjournment of the Disciplinary Hearing

PRIVATE & CONFIDENTIAL

<Date>

Dear <Addressee>

Notification of the Intention to Hold a Disciplinary Hearing following adjournment

I write further to my letter dated <date of notification of hearing letter> which advised that you were required to attend a disciplinary hearing to be held on <Date, Time at Venue>. These arrangements were made in consultation with [you/your representative] and you were informed that the hearing would proceed in your absence should you or your representative fail to attend without advance notification to me and without good reason.

I received notification on <date> that <name of person unable to attend> were unable to attend because <reason>. This was accepted and the hearing was adjourned on this occasion.

Further arrangements have now been made for the hearing to be held as detailed below:

Date:

Time:

Venue:

I therefore write to confirm these arrangements and to inform you that the hearing will proceed on this occasion in the absence of you or your representative should such circumstances arise. If you cannot attend personally you are invited to put your case either through your representative or if that person is not available, an alternative representative, or submit your case in writing in advance.

The specific allegations which will be considered at the hearing are:

Allegations:

The above is in accordance with the County Council’s Disciplinary Procedure, a copy of which was provided to you in earlier correspondence.

Please acknowledge receipt of this letter by signing the attached copy and returning it to me in the pre-paid envelope provided by return of post. A copy of this letter has been forwarded to your representative [if applicable]

Yours sincerely

<Name>

Commissioning Officer

cc: <Representative/ Union>

I acknowledge receipt of this letter inviting me to the reconvened disciplinary hearing at <Venue> on <Day> <Date> <Time> and confirm I will be attending.

SIGNED……………………………………………DATE…………………………..

NAME (Print)………………………………………

I will be forwarding my documentation for presentation at the hearing by no later than <insert date documents required>

Delete as appropriate: I do not intend to call witnesses

I intend to call the following witnesses

Name------Title------

Disciplinary Hearing Decision

First Written/Final Written Warning

PRIVATE & CONFIDENTIAL

<Date>

Dear <Addressee>

Disciplinary Warning

I write further to the Disciplinary Hearing held on <date> which considered the following allegations