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Disciplinary Notice Form Template for England and Wales

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Key Requirements PROMPT example:

Disciplinary Notice Form

"I need a Disciplinary Notice Form for a retail employee who has repeatedly violated our attendance policy, with three instances of unauthorized absence in the past month, and we need to schedule a hearing for January 15, 2025."

Document background
The Disciplinary Notice Form is a crucial document in employment relations under English and Welsh law, used when formal disciplinary action becomes necessary. It serves as an official record of the employer's concerns and ensures procedural fairness in line with the Employment Rights Act 1996 and ACAS guidelines. The form should be used when informal attempts to resolve issues have been unsuccessful or when the severity of the matter requires immediate formal action. It includes details of the alleged misconduct or performance issues, arrangements for a disciplinary hearing, and information about the employee's rights throughout the process.
Suggested Sections

1. Employee Details: Full name, position, employee number, department and contact details of the employee subject to disciplinary action

2. Notice Details: Date of notice, reference number and urgency level of the disciplinary matter

3. Nature of Disciplinary Issue: Clear and specific description of the misconduct, performance issue or behavior causing concern

4. Meeting Arrangements: Date, time, location of the disciplinary hearing and who will be present

5. Right to Accompaniment: Statement explaining the employee's right to be accompanied by a work colleague or trade union representative

6. Potential Consequences: Clear statement of potential outcomes including level of warning or other disciplinary action that may result

7. Appeal Rights: Information about the right to appeal, how to appeal and relevant timeframes

Optional Sections

1. Previous Warnings: Section detailing any active warnings on file and their relevance to the current situation

2. Suspension Notice: Details of suspension from work including duration and conditions, used in cases of gross misconduct or when investigation requires suspension

3. Reasonable Adjustments: Details of any adjustments to the process needed for disability or special circumstances

4. Investigation Summary: Brief overview of any investigation conducted to date, when applicable

Suggested Schedules

1. Evidence Bundle: Copies of relevant evidence, documentation, or witness statements to be discussed at hearing

2. Company Disciplinary Policy Extract: Relevant sections of company disciplinary policy and procedures

3. Investigation Report: Full investigation report and findings, if an investigation has been conducted

4. Meeting Guidance Notes: Guidelines for the disciplinary hearing process and employee rights

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses




















Relevant Industries
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Primary UK legislation governing employment rights, including disciplinary procedures, unfair dismissal, and employee protections

Equality Act 2010: Legislation protecting against discrimination and requiring equal treatment in workplace procedures, including disciplinary matters

Human Rights Act 1998: Ensures fundamental rights are respected in workplace procedures, including right to fair hearing and privacy

Data Protection Act 2018: Governs how personal data must be handled during disciplinary proceedings, including record-keeping and confidentiality

ACAS Code of Practice: Statutory guidance on handling disciplinary situations and grievances at work, failure to follow can lead to increased compensation

ACAS Guide to Discipline and Grievances: Detailed practical guidance expanding on the Code of Practice with examples and procedures

Right to Accompaniment: Statutory right for employees to be accompanied by a trade union representative or work colleague at disciplinary hearings

Reasonable Adjustments: Legal requirement to make appropriate accommodations for disabled employees during disciplinary procedures

Fair Procedure Requirements: Legal principles ensuring disciplinary procedures are conducted fairly, including proper investigation and right to respond

Appeal Rights: Employee's right to appeal against disciplinary decisions and requirements for handling appeals

Natural Justice Principles: Common law principles requiring fairness in decision-making, including right to know case against you and right to be heard

Internal Policies Compliance: Requirement to ensure disciplinary notice aligns with company's own policies and procedures

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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