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Disciplinary Letters – What You Need to Say and Send - Expert Comments

David Reid
1st Apr 2006

The Employment Act 2002 (Dispute Regulations) 2004 obliges employers to follow statutory minimum disciplinary procedures. These procedures must generally start with a letter to the employee. So, when dealing with alleged misconduct to work, what exactly must an employer put in writing to an employee prior to a disciplinary hearing in order to comply?

 

Notification of Disciplinary Hearing

 

The Employment Act 2002 (Dispute Regulations) 2004 obliges employers to follow statutory minimum disciplinary procedures. These procedures must generally start with a letter to the employee. So, when dealing with alleged misconduct to work, what exactly must an employer put in writing to an employee prior to a disciplinary hearing in order to comply?

 

  • It is just as important to follow your internal procedures as it is to follow the statutory procedures. Ensure that any letters you send are consistent with the requirements of both.
  • If your internal disciplinary procedure has not been reviewed since before the introduction of the 2004 Regulations, it would be sensible to have it reviewed now. It would be equally sensible to have any standard disciplinary letters you use reviewed at the same time.
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