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Conducting a disciplinary investigation and hearing

Resource type: Practice note

Status: Maintained

Jurisdictions: England, Scotland, Wales

A note dealing with the conduct of an investigation and subsequent disciplinary proceedings involving allegations of misconduct by an employee, taking account of the law of unfair dismissal and the 2009 Acas Code of Practice.

This note deals with the law following the changes on 6 April 2009 under the Employment Act 2008 (EA 2008). For a practice note dealing with the position as it was under the statutory dismissal and disciplinary procedures (DDPs), which are still preserved in some cases under the EA 2008's transitional provisions, see Practice note, Conducting a disciplinary investigation and hearing (under the DDPs).

PLC Employment with Susan Thompson, Magrath LLP

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Resource ID: 8-200-2423
Products: PLC Employment Law, PLC Public Sector
This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

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Topics

Discipline and grievancesDiscipline and grievances (http://employment.practicallaw.com/topic5-382-7458)
Termination of employmentTermination of employment (http://employment.practicallaw.com/topic1-103-1222)

Practice note: overview

Discipline under the Acas Code: a quick guide Discipline under the Acas Code: a quick guide (http://www.practicallaw.com/topic3-385-0478)

Practice note

Statutory dismissal and disciplinary procedures Statutory dismissal and disciplinary procedures (http://www.practicallaw.com/topic4-200-4221)

Standard documents

Capability procedure Capability procedure (http://www.practicallaw.com/topic0-200-2144)
Disciplinary procedure Disciplinary procedure (http://www.practicallaw.com/topic2-200-2138)
Disciplinary rules Disciplinary rules (http://www.practicallaw.com/topic6-200-3659)
Letter giving final written warning Letter giving final written warning (http://www.practicallaw.com/topic6-200-2042)
Letter giving first written warning Letter giving first written warning (http://www.practicallaw.com/topic4-200-2043)
Letter of advice on conducting a disciplinary investigation and hearing Letter of advice on conducting a disciplinary investigation and hearing (http://www.practicallaw.com/topic4-201-8609)
Letter requesting attendance at a disciplinary hearing Letter requesting attendance at a disciplinary hearing (http://www.practicallaw.com/topic3-200-2048)
Letter requesting attendance at an appeal hearing Letter requesting attendance at an appeal hearing (http://www.practicallaw.com/topic3-200-2072)
Letter suspending an employee pending investigation Letter suspending an employee pending investigation (http://www.practicallaw.com/topic1-200-2054)
Letter to confirm dismissal following previous warnings Letter to confirm dismissal following previous warnings (http://www.practicallaw.com/topic8-200-2055)
Letter to confirm formal verbal warning Letter to confirm formal verbal warning (http://www.practicallaw.com/topic2-200-2044)
Letter to confirm outcome of appeal Letter to confirm outcome of appeal (http://www.practicallaw.com/topic1-200-2073)
Letter to confirm summary dismissal for gross misconduct following a hearing Letter to confirm summary dismissal for gross misconduct following a hearing (http://www.practicallaw.com/topic0-200-2059)

Article: know-how

FSA regulation and employment law: juggling the issues FSA regulation and employment law: juggling the issues (http://www.practicallaw.com/topic7-376-0225)

External resources

Acas Code of Practice on Disciplinary and Grievance Procedures Acas Code of Practice on Disciplinary and Grievance Procedures (http://www.practicallaw.com/topic9-200-4742)
Avoiding and resolving discipline and grievance issues at work: simpler laws, better services (BIS) Avoiding and resolving discipline and grievance issues at work: simpler laws, better services (BIS) (http://www.practicallaw.com/topic7-385-1758)
Discipline and grievances at work: The Acas guide Discipline and grievances at work: The Acas guide (http://www.practicallaw.com/topic7-384-3283)

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