Legal Precedents

[ To be typed on headed notepaper ] [ insert date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) Further to the capability meeting held on [ insert date ] [ , where you were accompanied by [ insert name ] ], I am writing to [ inform you of OR confirm ] the decision to issue you with a [ final written warning ] under the Company’s [ Performance and capability procedure ]. A copy of that procedure was [ enclosed OR referred to ] in our correspondence dated [ insert date of letter inviting the employee to the capability meeting ]. [ [ OPTION 1: failure of Return to Work programme: ] During the capability meeting on [ insert date ], we noted that, following a series of review meetings to assess progress under your Return to Work...

[ To be printed on the employer's headed paper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) I am writing to [ inform you of OR confirm ] the Company’s decision reached following the capability meeting on [ insert date ] [ , where you were accompanied by [ insert name ], ]. Our letter dated [ insert date of final written warning ] advised that you had received a final written warning in line with the Company's [ Performance and capability procedure ]. That correspondence cautioned that you may face dismissal if the expected improvement in attendance was not achieved, namely: [ set out required improvement and timescale as set out in final written warning ] [ In light of information you provided at the capability meeting, we have disregarded the absence [ s ] on [...

[ To be printed on headed notepaper ] [ Insert date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) I acknowledge receipt of your letter dated [ insert date of employee's letter of appeal ] wherein you have contested the formal outcome, notified to you in writing on [ insert date ], to [ issue you with a written improvement notice OR give you a final written warning OR dismiss you with notice ]......

[ To be produced on headed notepaper ] [ insert date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) I am writing to confirm the conclusions from our meeting on [ insert date ], which was arranged to consider Dr [ insert name ]’s report, dated [ insert date ]. [ You were accompanied at the meeting by [ insert name ] ] . OPTION 1: return to work without further steps: In line with Dr [ insert name ]’s opinion, and further to our discussion at the meeting on [ insert date ], we look forward to your return to work on [ insert date ]......

DEFINITIONS The following definitions are to be inserted, and the definitions of Related Rights, Secured Assets, Shares and Specific Shares are to be removed therefrom, in Clause 1.1 ( Definitions) of Precedent: Share charge (granted by the borrower): single company chargor—bilateral—specific monies......

1 Policy statement [ Insert name of employer ] is dedicated to ensuring every member of staff is treated with dignity and respect, and acts likewise towards colleagues. We believe everyone, whatever their position or grade, is entitled to work in a setting free from any form of bullying or harassment. This policy applies to all who work for us, whether on our sites, at home or elsewhere, including agency workers, apprentices, consultants, contractors, directors, employees, homeworkers, interns, temporary staff and volunteers. All staff must read this policy and make sure they understand which behaviours may amount to: bullying (see paragraph 3); harassment linked to protected characteristics (see paragraph 5); sexual harassment (see paragraph 6). If you...

1 Policy statement The Company is committed to advancing equality, diversity and inclusion ( EDI). By this we mean: equality: delivering fair treatment and equal opportunity for all employees, workers and job applicants, and eradicating unlawful discrimination; diversity: acknowledging, respecting and valuing the differences in our people’s protected characteristics, backgrounds, skills and experience, and encouraging gender, age and ethnic diversity, alongside diverse physical ability and neurodiversity across our workforce; inclusion: creating a fair, safe workplace for everyone that values difference and enables each person to be themselves, reach their potential and thrive at work. The Company will not unlawfully discriminate against any employee, worker or job applicant on the basis of any protected characteristic recognised by current legislation, namely: age; disability; gender reassignment; marriage or civil partnership status; pregnancy and maternity; race (including colour,...

Additional definitions Option Holders — [ insert list of Option Holders exercising Options or refer to relevant schedule of Option Holders ] Options — the rights granted to each Option Holder to acquire Option Shares, exercised as at the date of this Agreement Option Shares — the [ insert aggregate number ] [ insert class of share ] shares of £[ insert nominal value ] each in the Company’s capital that Option Holders may acquire on exercising the Options Cashless exercise of Options Each Option Holder agrees the Buyer will, on that holder’s behalf, pay to the Company the amounts shown against their name in columns [ insert relevant columns detailing the aggregate exercise price payable and the amount of tax/ NICs payable ] of the table in Schedule [ insert relevant schedule ], settling the aggregate exercise price and any Tax...

Note: this letter is prepared in broad terms without reference to a particular case. You will need to adapt the letter to the employee’s own circumstances. If the employer operates a performance and capability procedure (or a disciplinary process dealing with poor performance), you should refer back to it throughout, aligning each stage of the process and any timescales with that procedure. You may find the employer’s policy calls for further warnings or additional steps. This letter proceeds on the basis that performance review periods will be shorter than the duration of any warnings issued. [ name and address of client ] Dear [ name ] Performance and capability procedure I am writing to outline my advice on addressing the performance and capability procedure your employer is conducting in relation to you. The main legal claims that can arise in these circumstances are: Unfair dismissal (if you are...

1 Introduce everyone present by name and role, if appropriate. Confirm who is taking the meeting notes, how they will be recorded, and that copies will be clearly made available to the employee afterwards. If the employee has a disability, describe any adjustments made to the procedure to minimise or remove any potential disadvantage they could experience during the process. 2 Advise the employee that the purpose of the meeting is to address the performance issue that has already been raised with them at an earlier stage, originally in an informal discussion and, potentially, in a prior formal meeting. Explain that, during the meeting, you will step through each of the concerns that have been identified, and give the employee a full and fair opportunity to fully set out any circumstances affecting performance and to put forward any reasons for the...

1 Policy 1.1 We are dedicated to ensuring our employees are at work whenever they are fit to do so. Nevertheless, we recognise that illness occurs and, when it does, we will, in consultation with you and, where appropriate, medical advisers, manage the absence with the primary goal of helping you return to work swiftly, offering appropriate and reasonable support to achieve that outcome. This policy explains the usual steps for managing sickness and attendance, although we may adopt a different process or take additional action where individual circumstances require it. 1.2 Certain aspects of this policy are contractual obligations with which you must comply. Otherwise, this policy is non-contractual, does not form any part of an employee’s contract of employment, and we may revise it at any time. 1.3 This policy applies to all employees and workers, excluding agency workers,...

[ Insert name and address of client ] Dear [ name ] Disciplinary procedure—alleged misconduct 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...

[ Insert name and address of client ] Dear [ name ] Disciplinary investigation and hearing—employee misconduct I am writing to outline my guidance on the correct steps for addressing allegations of misconduct against [ insert name of employee ], including the approach to the fact-finding process and any later disciplinary hearing. The principal exposures for an employer in a situation are claims for unfair dismissal if the employee is dismissed, wrongful dismissal if they are dismissed without notice for gross misconduct, and constructive dismissal or unlawful discrimination claims even where the employee is not dismissed. Careful management of disciplinary matters can lower the likelihood of any such claims being brought at all, and also reduce the chance of them succeeding if they are pursued. It is essential to maintain a thorough written record of each stage of the procedure as it...

1 Introduction 1.1 This policy sets out the arrangements for shared parental leave and pay in connection with the birth of a child. If you are adopting a child, please refer instead to our Shared parental leave (adoption) policy. Shared parental leave equally applies where a child is placed for adoption, and the arrangements for adoption are very similar to those that apply following the birth of a child. If you are thinking about taking shared parental leave in relation to an adoption, you should contact the HR department, who will be able to give you further information about eligibility and the notice requirements. 1.2 This policy applies to all employees. The elements of this policy that concern shared parental pay also cover individuals who are not employees but are in ‘employed earner’s employment’ with us (this would include most qualifying agency workers). If you are...

Note: this letter is prepared in broad terms without reference to any particular scenario. You should adapt the letter where you are advising on an identified employee and the specific facts. Where the employer operates its own performance and capability procedure (or a disciplinary process addressing inadequate performance), you must refer back to that policy throughout the letter, linking each stage of the process and any time limits set within it. You may discover that the employer’s procedure requires additional warnings or imposes other steps. This letter proceeds on the basis that performance review periods will be shorter than the duration of any warnings issued. Ensure cross-references appear at each stage and that all stated deadlines are meticulously observed throughout the procedure. [ name and address of client ] Dear [ name ] Performance and capability procedure I write to outline my advice on running a...

[ insert date ] Dear [ insert name of employee ], Re: [ insert name of employer ] This letter confirms the decision reached by [ me OR [ insert name(s) and job title(s) ] ] following the meeting on [ insert date ], which was convened to review [ your grievance regarding [ insert details ] OR the grievance outlined in your letter ]......

This Precedent provides a template script for employers, acting as a prompt for the steps to follow during a grievance meeting with an employee. 1 Introductions of those present. Confirm who is attending; identify the note-taker and state that copies of the meeting notes will be given to the employee. If the employee is unaccompanied by a co-worker or trade union representative, confirm that this is their own choice. Explain that the grievance will be kept confidential as far as practicable; if investigation is required, a limited number may need to be told, and anyone interviewed will also be asked to keep matters confidential. Ask the employee and any companion to maintain confidentiality as well. Decide how you will respond if the employee asks to record the meeting. Recording might be agreed as a reasonable adjustment in some circumstances, but should not usually be needed where a note is taken and a...

[ To be typed on headed notepaper of employer ] [ Insert date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) Further to our recent conversation, during which I explained concerns regarding [ insert details ], the Company has decided that these matters are sufficiently significant to require your attendance at a [ performance OR capability ] meeting. [ I enclose a copy of the Company's [ Performance and capability at work policy ] for your reference OR You can find a copy of the Company's [ Performance and capability at work policy ] in [ the Company’s staff handbook OR [ specify document ] ] ], and please focus in particular on pages [ insert page numbers ]. The meeting is set for [ insert date ] at [ insert time ] and will be held at [ insert...

Begin with introductions, if needed, and identify who will be taking the minutes during the meeting. Confirm that the employee will receive copies of the meeting notes afterwards Set out why the employee has been invited, namely to address the misconduct matter described in the letter sent to them. Clarify that the hearing’s purpose is to review the evidence and allow them to present their account and raise any points they wish. State that no outcome will be reached until after the meeting. If the employee asks what follows a dismissal or a warning, explain no decision has been made, but if such action were taken, they would have a right of appeal Where relevant, record any adjustments implemented in respect of an employee who is, or could be, disabled, and ensure these are acknowledged Confirm that the issues are being...

Note: this letter is prepared in broad terms, with no single scenario in view. You will need to adapt the letter when advising on a named employee and their particular facts. Where an employer operates its own grievance procedure, you should cross-reference that process throughout the letter, aligning your advice with each stage of the procedure and with any timeframe specified within it. If the grievance concerns discrimination or bullying/harassment, the employer’s procedures covering those issues will also be relevant, and more detailed guidance should be provided on handling the allegation, including possible disciplinary action against any perpetrator. [ Name and address of client ] [ Date ] Dear [ name ] Handling a grievance I am writing to outline my advice on how to deal with a grievance raised by an employee. The principal reason for managing grievances with care is to reduce, so far as...