The Attached Are EVH Suggested Disciplinary Letters

The attached are EVH suggested Disciplinary letters

It is recommended that whilst standardised letters are available you make sure that you customise the warning letter to reflect the circumstances of the disciplinary matter specific to your organisation.

This can be achieved by following the format listed below:-

Record the fact that a formal disciplinary hearing was held on [date]

Detail the matter under consideration

Explain how the decision to give a warning was arrived at (e.g. “because you were already on a live warning at level X for …..”)

Detail the level and live duration of the warning (and what happens on expiry)

Explain the consequences of a further breach of standards

Detail any specific improvement objectives ‘agreed’ at the hearing and outlined to the employee verbally at the time – together with an indication of the date on which their performance against these objectives will be reviewed

Explain right to appeal and procedure/timescale for doing so

Verbal Warning

Employee’s name:…………………………………………………………………………………

Date of verbal warning:………………………………………………………………………...

Specific offences or rule violation: ……………………………………………………………….

………………………………………………………………………………………………….……...

Specific statement of the expected performance:.……………………………………………….

………………………………………………………………………………………………….……...

Any explanation given by the employee or other significant information:

………………………………………………………………………………………………….……...

………………………………………………………….

Supervisor

………………………………………………………….

Date

Notice of Disciplinary Hearing

Dear…………………………………………………… Date…………………………………

I am writing to tell you that you are required to attend a disciplinary hearing on ………….. at ………………am/pm which is to be held in ……………………………….. At this hearing the question of disciplinary action against you, in accordance with the Association/Co-operative’s Disciplinary Procedure, will be considered with regard to:

…………………………………………………………………………………………………...

You are entitled, if you wish, to be accompanied by another work colleague or your trade union representative.

Yours sincerely,

Signed………………………………………………… Manager

Notice of Written Warning or Final Written Warning

Dear…………………………………………………… Date…………………………………

You attended a disciplinary hearing on …………………… I am writing to confirm the decision taken that you be given a written warning/final written warning* under the first/second* stage of the Association/Co-operative’s Disciplinary Procedure.

This warning will be placed in your personal file but will be disregarded for disciplinary purposes after a period of ……. months provided your conduct improves/performance reaches a satisfactory level.**

a)The nature of the unsatisfactory conduct or performance was ……..

b)The conduct or performance improvement expected is……….

c)The timescale within which the improvement is required is ………..

d)The likely consequence of further misconduct or insufficient improvement is……

Final written warning/dismissal*

You have the right of appeal against this decision (in writing**) to …………………… within ………… days of receiving this disciplinary decision.

Yours sincerely,

Signed…………………………………….. Manager

Note:* The wording should be amended as appropriate

** Delete if inappropriate

Confirmation of Dismissal (following previous warnings)

Dear…………………………………………………… Date…………………………………

On ……………………….. 200 you were informed in writing that you would be given a final written warning in accordance with Stage …….. of the Association/Co-operative’s Disciplinary Procedure. In that letter you were warned that if your conduct/performance* did not improve you were likely to be dismissed.

At the disciplinary hearing held on …………… it was decided that your conduct/ performance* was still unsatisfactory and that you be dismissed.

I am therefore writing to you to confirm the decision that you be dismissed in accordance with Stage ….. of the Association/Co-operative’s Disciplinary Procedure and that your last day of service with the Association/Co-operative will be ………………… The reasons for your dismissal are:

…………………………………………………………………………………………………...

You have the right of appeal against this decision (in writing**) to …………………… within ………… days of receiving this disciplinary decision.

Yours sincerely,

Signed…………………………………….. Manager

Note:* The wording should be amended as appropriate

** Delete if inappropriate

Confirmation of Dismissal (without previous warnings)

Dear…………………………………………………… Date…………………………………

I am writing to confirm the decision taken at the disciplinary hearing held on ……………… that you be summarily dismissed without notice or payment in lieu of notice, in accordance with the Association/Co-operative’s Disciplinary Procedure. Your last day of service was …………………200

The reasons for your dismissal are:

…………………………………………………………………………………………………...

You have the right of appeal against this decision (in writing**) to …………………… within ………… days of receiving this disciplinary decision.

Yours sincerely,

Signed…………………………………….. Manager

Note:* The wording should be amended as appropriate.

EVH Disciplinary procedures state:

“No employee will be dismissed for a first breach of discipline except in the case of gross misconduct when the penalty will normally be summary dismissal, i.e. dismissal without notice or wages in lieu of notice”

ACAS advise:

“A dismissal for gross misconduct should only take place after the normal investigation and disciplinary hearing to establish all the facts. The worker should be told of the complaint and be given the opportunity to state his or her case as in any other disciplinary hearing. The worker has the right to be accompanied at any such hearing.

Gross misconduct is generally seen as misconduct serious enough to destroy the contract between the employer and the worker, making any further working relationship and trust impossible. It is normally restricted to very serious offences, for example, physical violence, theft or fraud, but may be determined by the nature of the business or other circumstances”.

Notice of Appeal Hearing

Dear…………………………………………………… Date…………………………………

You have appealed against the verbal warning/written warning/final written warning/notice of dismissal* confirmed to you in writing on …………………………. Your appeal will be heard by ………………………. in ……………………. on …………….. at ………………….am/pm.

You are entitled to be accompanied by a work colleague or trade union representative.

The decision of this appeal hearing is final and there is no further right of review.

Yours sincerely,

Signed…………………………………….. Manager

Note:* The wording should be amended as appropriate

Notice of Result of Appeal Hearing

Dear…………………………………………………… Date…………………………………

You appealed against the decision of the disciplinary hearing that you be given a ……………………….. warning/be dismissed* in accordance with Stage ……… of the Association/Co-operative’s Disciplinary Procedure. The appeal hearing was held on ………………………….

I am now writing to confirm the decision taken by the Manager who conducted the appeal hearing, namely that the decision to ……………………………. stands*/the decision to ………………………….. be revoked* (specify if no disciplinary action is being taken or what the new disciplinary action is).

You have now exercised your right of appeal under the Association/Co-operative’s Disciplinary Procedure and this decision is final.

Yours sincerely,

Signed…………………………………….. Manager

Note:* The wording should be amended as appropriate