Kent Solicitors

Follow any contractual or non-contractual procedure already published but if there is none…..

Appoint someone to carry out an investigation to establish the facts.

If you then decide to take disciplinary action, write to the employee concerned with detailed allegations and possible consequences

Attach copies of any written evidence

Ask him to attend a disciplinary hearing at a given time and location.

At the hearing

your representative (preferably someone other than the investigator) should explain the case and go through the evidence gathered

Allow the employee to answer all the allegations, ask questions and call witnesses.

Decide (preferably after due consideration, rather than instantly) whether any disciplinary action is necessary and write to the employee accordingly

If the issue is
o Performance or conduct, give a first written warning setting out a timetable and pattern of improvement for the employee to follow. Consider training. Write down the consequences of failure

o Extremely serious, give a final written warning.

o Gross misconduct, you might consider dismissal without notice

Indicate how long the decision will remain on the employee’s personnel file

Set out the right to appeal and how they should go about this

Hear the appeal (preferably using different, more senior managers)

Write to the employee confirming or overturning the decision or amending any penalty. Indicate how long the decision will remain on the employee’s personnel file

Labels: disciplinary, docklands, Employment, kent, misconduct, solicitor, Unfair dismissal

As an employer, you need to Inform and Consult even if you are outsourcing the work from the UK to another country and there is no likelihood of the employees following their job there.

The point is that they will continue to be employed whilst you work through that consultation period and this will give them a longer time of paid employment whilst they look for alternative work.

Call Michael Breeze on 07 900 195 195 to discuss further

Labels: Employment

Restrictive covenants in a contract of employment will not be enforceable if they are not limited to preventing the former employee from having contact with customers of the former employer with whom he personally had had dealings.

Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk

Labels: Employment