Kent Solicitors

The manufacture and import of asbestos was banned in 1999

Find out when your building was constructed and /or when any significant refurbishments took place.

All non-domestic buildings constructed during and prior to 1999 must be surveyed.

Note: “Non-domestic” includes the common parts of blocks of flats!!

Does it have to be me who arranges / pays for it?
The burden falls on the person who is responsible for the day to day maintenance of the building

In the case of freehold property, this is likely to be the owner, but in the case of leasehold property it might be the Landlord or the Tenant according to the terms of the lease.

What next?
There are 3 types of asbestos survey. Discuss with the surveyor which one to choose

Labels: asbestos, kings hill, requirements, solicitor, survey

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