| Model Questions for Investigating a Sexual Harassment Complaint Model questions for interviewing the complaining employee, witnesses and the alleged harasser when investigating a sexual harassment complaint. This Standard Document has integrated notes with important explanatory and drafting tips. This Standard Document is based on federal law, including Title VII of the Civil Rights Act of 1964. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Disciplinary procedure A procedure for use when contemplating disciplinary action against an employee for misconduct. It takes into account the Acas Code of Practice on Disciplinary and Grievance Procedures and other best practice advice from Acas. Integrated drafting notes. This document has integrated drafting notes embedded within the text. Click on a heading to read the note. See the Actions box on the right for additional viewing options. |
| Letter to Employee Requesting Participation in Internal Investigation A letter asking an employee to participate in an internal workplace investigation. This letter may be sent in advance of an employee interview regarding suspected employee misconduct or corporate malfeasance, and may be modified for use with both third-party witnesses and accused employees. This Standard Document has integrated notes with important explanations and drafting tips. |
| Social Media Guidelines (Public Company Long Form) Social media guidelines for a public company for both personal social media use and social media use as an authorized company spokesperson. These guidelines incorporate social media best practices under US securities and disclosure laws and regulations. This Standard Document has integrated notes with important explanations and drafting tips, including discussion of the impact of National Labor Relations Board (NLRB) review of social media policies. |
| Joint Defense and Confidentiality Agreement An agreement that allows parties with similar legal interests, who are involved in an investigation or legal proceeding, to share information with each other without waiving the attorney-client privilege, work product protection or other applicable privilege or protection. This agreement may also protect against the disqualification of one party's counsel as a result of sharing confidential information with the other parties to the agreement. This Standard Document has integrated notes with important explanations and drafting tips. |
| Disciplinary and capability procedure (short-form) A short-form procedure suitable for a small or medium-sized business to use in cases of misconduct or poor performance. It incorporates the essential elements of the longer Standard documents, Disciplinary procedure, Disciplinary rules and Capability procedure, and takes into account the Acas Code of Practice on Disciplinary and Grievance Procedures. |
| Advice to an employee facing a capability procedure: poor performance Advice to an employee client who is facing a capability procedure at work due to poor performance. The advice outlines the typical steps in a capability procedure and the requirements of the Acas Code of Practice on disciplinary and grievance procedures. |
| Social Media Guidelines (Public Company Short Form) Social media guidelines for a public company for both personal social media use and social media use as an authorized company spokesperson. These guidelines incorporate social media best practices under US securities and disclosure laws and regulations. This Standard Document has integrated notes with important explanations and drafting tips, including discussion of the impact of National Labor Relations Board (NLRB) review of social media policies. |
| Memorandum to Employees Regarding Proper Maintenance of the Attorney-Client Privilege A memorandum from in-house counsel advising company employees on how to maintain the attorney-client privilege over their communications with the company's attorneys, and further explaining the nature of counsel's relationship with the company and its employees. |
| Advice to an employee facing a disciplinary procedure: misconduct Advice to an employee client who is facing a disciplinary procedure at work due to misconduct. The advice outlines the typical steps in a disciplinary procedure and the requirements of the Acas Code of Practice on disciplinary and grievance procedures. |
| Discrimination/Harassment Investigation Determination Form A standard form to record internal discrimination or harassment investigation findings. This Standard Document has integrated notes with important explanations and drafting tips. This Standard Document is based on federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Employee Counseling Form A standard form for recording details relevant to an employee counseling session for poor work performance or workplace misconduct. This Standard Document applies only to private, non-unionized workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. |
| Grievance procedure (long form) A grievance procedure taking account of the Acas Code of Practice on Disciplinary and Grievance Procedures and the right to be accompanied under section 10 of the Employment Relations Act 1999. Integrated drafting notes. This document has integrated drafting notes embedded within the text. Click on a heading to read the note. See the Actions box on the right for additional viewing options. |
| Advice to an employee on unfair dismissal Advice to an employee client who has recently been dismissed and is considering whether to bring a claim for unfair dismissal. The advice explains the potentially fair reasons for dismissal, the deadline to submit a claim for unfair dismissal to the employment tribunal and the remedies available for unfair dismissal, including compensation, reinstatement and re-engagement. |
| Letter suspending an employee pending investigation Letter to be used as part of a disciplinary procedure in more serious cases of misconduct where it is inappropriate for the employee to remain at work pending investigation. |
| Letter to confirm formal verbal warning for misconduct Letter to be used as part of a disciplinary procedure. |
| Letter requesting attendance at a disciplinary hearing Letter to be used when inviting an employee to attend a disciplinary hearing. |
| Letter to confirm summary dismissal for gross misconduct without hearing (modified procedure) Letter for use in the rare circumstances in which an employee may be dismissed immediately without a hearing under the Modified Dismissal Procedure set out in the Employment (Northern Ireland) Order 2003. Wherever possible it is preferable to suspend the employee pending an investigation rather than dismissing immediately. |
| Capability procedure A procedure for managing capability and performance issues in the workplace, taking account of the Acas Code of Practice on Disciplinary and Grievance Procedures and other best practice advice from Acas. Integrated drafting notes. This document has integrated drafting notes embedded within the text. Click on a heading to read the note. See the Actions box on the right for additional viewing options. |
| Letter to confirm dismissal following previous warnings Letter to be used to confirm dismissal for misconduct or poor performance following previous warnings and a disciplinary or capability hearing. |
| Letter to confirm summary dismissal for gross misconduct following a hearing Letter confirming dismissal without notice for gross misconduct (with or without previous warnings) following a disciplinary hearing. |
| Employee Performance Evaluation Form A standard form for employers to use when conducting an employee's periodic performance evaluation, review or appraisal. This Standard Document has an integrated note with important explanations and drafting tips. |
| Letter to confirm outcome of appeal This letter can be used for a variety of appeals, including those concerning grievances, disciplinary action and dismissals. |
| Disciplinary rules Standard disciplinary rules and examples of misconduct and gross misconduct, for use in conjunction with Standard document, Disciplinary procedure. Integrated drafting notes. This document has integrated drafting notes embedded within the text. Click on a heading to read the note. See the Actions box on the right for additional viewing options. |
| Grievance procedure (short form) A basic grievance procedure taking account of the Acas Code of Practice on Disciplinary and Grievance Procedures and the right to be accompanied under section 10 of the Employment Relations Act 1999.Integrated drafting notes. This document has integrated drafting notes embedded within the text. Click on a heading to read the note. See the Actions box on the right for additional viewing options. |
| Responding to Employee Concerns: Supervisor Guidelines Guidelines for supervisors when listening and responding to employee concerns about workplace problems. This Standard Document has integrated notes with important explanatory and drafting tips. |
| Standards of Conduct Policy A policy regarding standards of conduct that can be included in an employment handbook, and relevant labor considerations to consider when drafting the policy. This Standard Document has integrated notes with important explanatory and drafting tips, provided by PLC Labor & Employment. |
| Letter of advice on conducting a disciplinary investigation and hearing This standard document can form the basis of a letter from a legal adviser to an employer, outlining the main steps and considerations in investigating possible misconduct or poor performance and, if necessary, carrying out a disciplinary hearing and appeal. The letter takes into account the Standard Dismissal and Disciplinary Procedures in the Employment Act 2002 and the Acas Code of Practice on Disciplinary and Grievance Procedures. This document does not have a drafting note, but for further information on the law and practice in this area, see Practice note, Conducting a disciplinary investigation and hearing. |
| Letter on termination: garden leave and restrictive covenants This document contains the paragraphs dealing with garden leave, restrictive covenants and associated matters which can be included in a letter dismissing a senior employee or in a letter acknowledging their resignation. |
| Model Questions for Investigating a Discrimination Complaint Model questions for interviewing a complaining employee, witnesses and individuals involved in alleged workplace discrimination. This Standard Document has integrated notes with important explanatory and drafting tips. This Standard Document is based on federal law. |
| Discrimination/Harassment Complaint Form A standard form for employees to inform an employer about complaints of alleged discrimination or harassment in the workplace. This Standard Document has integrated notes with important explanations and drafting tips. It complies with federal law. For information about state law on discrimination and harassment, see the State Q&A Tool under Related Content to the right. |
| Letter requesting attendance at an appeal hearing This letter can be adapted for use following an employee's appeal against dismissal (for any reason, including conduct, capability, redundancy, illegality or some other reason), or against the employer's handling of a grievance. |
| Letter giving first written warning for misconduct Letter to be used as part of a disciplinary procedure. |
| Letter giving final written warning for misconduct Letter to be used as part of a disciplinary procedure. |
| Performance Review Policy An employer policy on performance reviews. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. |