Grievance and Appeals

As an Employer you may experience an Employee who wishes to raise a grievance, we always advise these to be dealt with informally in the first instance, should the matter not be resolved then your Employee has the right to raise a formal grievance. 

This section provides you with all the relevant documentation to handle any grievance you are faced with, we provide you with invitation and outcome correspondence.

You may also as an Employer be faced with appeals from your Employees, this may be from Disciplinaries and Grievances through to termination of their employment, you will find in this section all of the relevant documentation to handle any appeal, from invitation to the outcome. 

All of our correspondence is in accordance with the ACAS Code of Practice and we ensure we comply with The Employment Rights Act 1996 when drafting our correspondence. 

Should you not be able to find what you are looking for please do contact a member of the HR and You Ltd team, we are as always more than happy to assist.

Please be aware that all documents or templates purchased are strictly non-refundable, the documents are sold for your own usage and not for commercial resale. 

Grievance and Appeals Tool Kits

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ACAS Code of Practice - Disciplinary and Grievance FREE Guide

ACAS Code of Practice – Disciplinary and Grievance FREE Guide

To assist you when managing performance in the workplace we have added the ACAS Code of Practice to Disciplinary and Grievance as FREE Guide, we have not amended this in any way as we find this the most useful document to use, it is imperative as an Employer that you do follow the ACAS Code of Practice in all Employment matters.

As a firm we only ever follow their guides and processes as these are what are followed in any tribunal cases.

Should you need any assistance please do not hesitate to contact a member of the HR and You team.

£0.00
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Acknowledgement and Acceptance of Resignation with No Notice Period Provided

Acknowledgement and Acceptance of Resignation with No Notice Period Provided

Where an Employee resigns with immediate effect (particularly if the Employee has more than two years’ service) consideration should be given to the risk of a potential constructive dismissal claim (and/or, in some cases, a discrimination claim).

In those cases, it may be appropriate to first use the template Reply to Heat of the Moment Resignation Letter.  We would recommend seeking advice prior to acknowledging any such resignation.

£45.00
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Confirmation Letter Informing Appeal is Out of Time

Confirmation Letter Informing Appeal is Out of Time

This letter can be used where an Employee has submitted an appeal out of time, we would advise Employers to act reasonably when striking out appeals out of time.

It may be prudent to seek the reason for the delay prior to the rejection, the letter advises that an extension can be granted due to that reason.

£35.00
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Confirmation of a Formal Verbal Warning

Confirmation of a Formal Verbal Warning

This letter can be issued to an Employee when conduct/performance constitutes to amount to a warning at any level, prior to the warning an investigation and disciplinary must have taken place. Depending on the seriousness of the warning the length may be 6/12 or in some instances longer.

Employers are advised that failure to follow the ACAS Code of Practice may lead to unfair dismissal claims and we urge you to discuss any performance/conduct and capability issues with us prior to instigating matters with Employees.         

£45.00
grievance-and-appeals grievance-and-appeals-letters-and-forms performance-management performance-management-letter-and-forms
Confirmation of Payment in Lieu of Notice Letter

Confirmation of Payment in Lieu of Notice Letter

This letter can be issued where a payment in lieu of notice (PILON) is to be paid upon the termination of employment.

The (PILON) payment should be where you are exercising a contractual right to terminate employment with immediate effect and pay the Employee in lieu of notice under the terms of the pay in lieu clause the contract of employment. where this does not exist the payment would need to be agreed, representative of full compensation for the wages and benefits that the Employee would have received had they had been required to work the notice period.

£55.00
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Disciplinary Demotion

Disciplinary Demotion

You are only able to demote an employee as a disciplinary sanction if there is a specific contractual right to do so in their contract of employment. Once the decision to demote has been made any future misconduct by the employee should not automatically result in dismissal. You are still required to take the employee through a disciplinary procedure.

£55.00
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Dismissal and Re-Engagement Letter

Dismissal and Re-Engagement Letter

This letter can be used where an Employer has consulted with an Employee to vary terms without an agreement, this affords the Employer the right to Dismiss and Re-Engage so long as the Employer has followed the ACAS code of practice.

You can find relevant consultation documentation in our toolkit, should you require assistance please contact a member of the HR and You team.

£55.00
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Dismissal Due to Statutory Bar Letter

Confirmation of Dismissal Due to Statutory Bar Letter

Note – Statutory restriction or illegality is one of the potentially fair reasons for dismissal. However, in order to fairly dismiss for this reason, the employer must show that continued employment would in actual fact contravene statute.  Where this cannot be proven, but the employer has a reasonable belief that continued employment may be unlawful, the employer is advised to dismiss for “Some Other Substantial Reason” instead.  Legal advice should be sought.

£65.00
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Dismissal for Some Other Substantial Reason Letter

Confirmation of Dismissal for Some Other Substantial Reason Letter

This dismissal letter can be used in the instances of SOSR or to dismiss due to a fixed term contract ending, training ending and reasons for non-renewal.

Note for Employers:

The Employer should be aware that, where it makes a payment in lieu of notice and there is no contractual right to do so, there is a risk that it may not be entitled to enforce any restrictive covenants that are contained in the Employee’s contract of employment.

£65.00
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Dismissal on Notice Conduct of Performance (Short Serving Employees)

Confirmation of Dismissal on Notice – Unsatisfactory Conduct of Performance (Short Serving Employees)

Important notes for Employers:

The Employer should be aware that, where it makes a payment in lieu of notice and there is no contractual right to do so, there is a risk that it may not be entitled to enforce any restrictive covenants that are contained in the Employee’s contract of employment.

Please also note that in most circumstances it is unlawful for an Employer to deduct wages from an Employee unless the Employee has given their written consent to this in advance, or there is a relevant provision in their written contract of employment permitting this. The Employer can only deduct overpaid holiday pay on termination of employment if there is express provision for this in the written contract of employment or a provision which is contained in a “relevant agreement”.

 

£65.00
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Dismissal Without Notice - Gross Misconduct

Confirmation of Dismissal Without Notice – Gross Misconduct

Note for Employers:

Please also note that in most circumstances it is unlawful for an Employer to deduct wages from an employee unless the Employee has given their written consent to this in advance, or there is a relevant provision in their written contract of employment permitting this.

The Employer can only deduct overpaid holiday pay on termination of employment if there is express provision for this in the written contract of employment or a provision which is contained in a “relevant agreement”.

 

£65.00
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Grievance Hearing Outcome Letter

Grievance Hearing Outcome Letter

This letter can be issued to an Employee on the Employee of the the grievance hearing has been heard by the hearing manager and they have concluded, the letter should advise the Employee of whether the grievance has been upheld or relevant point/s as contained within the grievance have been or not.

Employees have the right to appeal against the decision and the letter provides full details.

£40.00
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Informal Resolution of Written Complaint Letter

Letter Confirming Employee Has Requested Informal Resolution of Written Complaint

This letter can be used where and an Employee lodges a complaint but does not wish to raise a formal grievance.

The letter acknowledges the complaint and informs the Employee that the matter will be dealt with and they will be invited to a meeting to discuss their complaint.

£45.00
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Investigation Report

Investigation Report

Prior to conducting a disciplinary to manage performance/conduct as an Employer you must carry out a thorough investigation, this is in line with the ACAS Code of Practice, you can use our Investigation Report as this will assist you in whether to progress the matter to a disciplinary or not.

The purpose of the document is to assist the investigating manager to carry out the initial stages, take statements where necessary, gather evidence, and base their findings, on this, the report and other relevant documentation should then be passed to the hearing manager should the matter be progressed to the next stage.

You can find all relevant documents to carry out the investigation and a successful disciplinary in our toolkit, should you require any assistance please contact a member of the HR and You team, we are happy to assist.

£50.00
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Invitation to Disciplinary Hearing Letter

Notification of Disciplinary Hearing Letter

This letter must be used where an investigation has taken place, the Employee should be afforded 48 advanced notice of the hearing and also the right to be accompanied to the hearing.

Note: Where discipline is for potential gross misconduct the letter has a paragraph that can be added/removed where the allegations are considered as gross misconduct offence, in that instance the Employee must be advised at this stage that the outcome of the disciplinary hearing could result in summary dismissal from employment.

£65.00
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Invitation to Employee off Sick to Alternative Date to Disciplinary Hearing

Invitation to Employee off Sick to Alternative Date to Disciplinary Hearing

Where an Employee is off work due to Sickness/absence they would not be in a position to attend under normal circumstance.

This letter can be used to advise of a rearranged hearing, you may find the Postponing a Disciplinary Hearing” beneficial as this is used when the Employee is absent and you need to postpone the hearing, you can find the template as a download within the toolkit.

Employees must be invited to disciplinary hearings, Employers must provide at least 48 hours advanced notice of any meeting,

£40.00
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Invitation to Grievance Appeal Hearing

Invitation to Grievance Appeal Hearing

This letter can be issued to an Employee in response to their appeal against a grievance outcome, the letter should inform them of the next steps, the date of the hearing, the hearing manager, and their right to representation.

£65.00
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Invitation to Time to Train Appeal Meeting

An Employee who is employed in an organisation with 250 or more Employees and who has at least 26 weeks’ continuous service has the legal right to make a request in relation to study or training and to have their request considered.

Where an Employee’s statutory request for study or training is declined, the Employee has a statutory right to lodge an appeal against the decision within 14 days of the refusal.

The Employer must hear the appeal within another 14 days and communicate the outcome in writing to the Employee within a further 14 days.

This template letter can be used to invite the Employee to attend an appeal meeting.

£50.00
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Invite to Reschedule Disciplinary Hearing

Invite to Reschedule Disciplinary Hearing

Employees must be invited to disciplinary hearings, Employers must provide at least 48 hours advanced notice of any meeting, where an Employer needs to reschedule a letter must be sent detailing the postponement and new details of the hearing.

This letter can be used to advise the rescheduling of the hearing.

£30.00
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Letter Requiring the Removal of Social Media Posting

Letter Requiring the Removal of Social Media Posting/s

This letter can be issued to an Employee who has added comments/posts to social media which the Employer requires removing, this would be where they are derogatory, discriminatory, offensive and/or defamatory, nonfactual and could lead to brand damage and or financial implications.

 

£45.00
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Outcome of Disciplinary Appeal Hearing Letter

Confirmation of Outcome of Disciplinary Appeal Hearing Letter

This letter is to be used following an Employee appealing against a disciplinary sanction.

£65.00
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Outcome of Time to Train Appeal Meeting

Outcome of Time to Train Appeal Meeting Letter

 

This outcome letter should be used where an employee has submitted a request to train and this has been rejected, they have then appealed, and this has not been upheld.

£65.00
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Outcome of Written Warning

Outcome of Written Warning

This letter can be issued to an Employee when conduct/performance constitutes to amount to a warning at any level, prior to the warning an investigation and disciplinary must have taken place. Depending on the seriousness of the warning the length may be 6/12 or in some instances longer.

Employers are advised that failure to follow the ACAS Code of Practice may lead to unfair dismissal claims and we urge you to discuss any performance/conduct and capability issues with us prior to instigating matters with Employees.

£40.00
grievance-and-appeals grievance-and-appeals-letters-and-forms performance-management performance-management-letter-and-forms
Outcome Termination Letter for Some Other Reason SOSR

Outcome Termination Letter for Some Other Reason SOSR

This letter can be used when an Employee has been dismissed for some other substantial reason SOSR.

Note for Employers:

The Employer should be aware that, where it makes a payment in lieu of notice and there is no contractual right to do so, there is a risk that it may not be entitled to enforce any restrictive covenants that are contained in the Employee’s contract of employment.

£45.00
grievance-and-appeals grievance-and-appeals-letters-and-forms leavers leavers-letters-and-forms performance-management performance-management-letter-and-forms
Postponement of Disciplinary Hearing Whilst of Sick

Postponement of Disciplinary Hearing Whilst of Sick

Employees must be invited to disciplinary hearings, Employers must provide at least 48 hours advanced notice of any meeting, where an Employee is off work due to Sickness/absence would not be in a position to attend under normal circumstance.

This letter can be used to advise the postponement of the hearing.

£30.00
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Request to attend Investigatory Hearing

Request to attend Investigatory Hearing

It is not a statutory requirement to invite an Employee to an Investigatory Hearing, in certain situations it can be harmful to the investigation to do so; providing notice can afford the Employee forewarning and an opportunity to destroy evidence.

£55.00
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Response to Heat of The Moment Resignation Letter

Response to Heat of The Moment Resignation Letter

Where an Employee unexpectedly resigns in writing or verbally, we would recommend that you seek advice before accepting that resignation.

Dependent on the circumstances in each particular case it might be unsafe to simply accept an unexpected resignation.

For example, the Employee may later allege that they were pressured into resigning or that they resigned because of a breach of their employment rights, (such as discrimination based on a protected characteristic, a health and safety complaint etc.)

Consequently, it is best practice for an Employer to establish the reason for the Employee’s decision to resign, so that an assessment can be made of whether any risks arising from that decision.

In these circumstances we would advise that you discuss matters with the Employee, to allow them to raise any concerns, this may lead to a grievance being raised.

Where an Employee has resigned in the heat of the moment and walked out of work or submitted a resignation letter after a disagreement or employment dispute or which contains a complaint regarding their employment, we recommend the following letter be issued the same day.

 

£50.00
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Retraction of Heat of the Moment Dismissal Letter

Retraction of Heat of the Moment Dismissal Letter

This letter can be used where either the Employer or the Employee has resigned “in the heat of the moment”, this can during a heated moment, a misunderstanding or a disagreement.

Note: In employment law terms, a dismissal is a unilateral act on behalf of the Employer and the general rule is that, once communicated to the Employee, it cannot unilaterally be withdrawn. The purpose of this letter is therefore to try and avoid a potential claim of unfair dismissal made by the Employee by requesting them to agree to return to work.

 

£45.00
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Suspension from Duty Confirmation

Suspension from Duty Confirmation

It’s important to note that this specimen letter is for use in cases of potential gross misconduct only. The Employer must show that it has “reasonable and proper” cause to suspend. The reason why suspension is appropriate should be identified in this letter.

Suspension should never be a routine or “knee jerk” response to these types of cases.

Every effort should be made to consider whether alternative steps can be taken which control or eliminate the risk of further allegations arising.

Suspension is not a neutral act and should be used sparingly to avoid giving rise to complaints of, constructive dismissal, discrimination, detrimental treatment etc.

£50.00
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Suspension from Duty Confirmation Allegation of harm to Vulnerable Adult Child or Young Person

Suspension from Duty Confirmation Allegation of harm to Vulnerable Adult Child or Young Person

This specimen letter is for use in cases of potential gross misconduct only where the employee works for a specified care provider, provider of childcare, children’s home, educational establishment and is alleged to have either placed at risk of harm or harmed a vulnerable adult, child or young person.

As suspension from duty in certain circumstances may be viewed as a breach of trust and confidence, giving rise to the risk of a constructive dismissal claim, seek advice before suspending.

£50.00
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Workplace Companion Confidentiality Agreement (Hearings)

Workplace Companion Confidentiality Agreement (Hearings)

This agreement should be used to issue to a workplace companion as part of an investigation, disciplinary or grievance and the purpose is to ensure confidentiality is maintained.

£25.00
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