What does Disciplinary mean? In practice, “disciplinary” refers to employer procedures and actions taken to address alleged misconduct or inadequate performance in the workplace. It is a descriptive term rather than a statutory definition, and its content is shaped by codes of practice and case law on fairness and natural justice. A disciplinary situation typically arises from breaches of workplace rules, codes of conduct or expectations about how a job is to be performed, including poor or substandard performance. Core features include: a reasonable and impartial investigation; written notification of the allegations and evidence; a disciplinary hearing; the employee’s opportunity to...
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[ Insert name and address of client ]
Dear [ name ]
I am writing to outline my advice on the disciplinary investigation that [ is currently being undertaken OR is about to start ] concerning the allegation against you that [ insert details of the allegation ], together with any subsequent disciplinary hearing.
[ I have reviewed your employer’s disciplinary procedure and, where appropriate, I refer to its provisions below. ]
It is vital throughout to ensure your employer is adhering to [ its own disciplinary procedure and complying with ] the Acas Code of Practice on Disciplinary and Grievance Procedures (and the further guidance on the Code) [ (copies of which I enclose) ]. [ Please obtain a copy of your employer’s disciplinary procedure promptly and send it to me so that I can review it. ]
If an employer fails to follow the Acas Code during disciplinary proceedings, it increases the likelihood that, should you be dismissed and bring an unfair dismissal claim, the dismissal would be judged unfair. An unreasonable failure by [ insert name of employer ]...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...