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NIV01L05 – Letter of invitation to consultation meeting to discuss a variation in terms and conditions

This letter can be sent to an employee to invite them to an initial consultation meeting to discuss a proposed change to their terms and conditions. This letter outlines the details of the proposed changes but ensures the employee knows that this is a proposed change only and the organisation is seeking their agreement.

By |2022-10-06T13:22:02+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIT05L01 – Due Diligence Information Request Cover Sheet

This is a letter that the transferee (the incoming employer) can send to the transferor (outgoing employer) to request employment information for the employees who are due to be transferred. The letter specifies the documents required such as contracts of employment, personnel files, attendance records, disciplinary and grievance records, leave records and performance files, among other important pieces of employment information. This letter is normally sent as part of the due diligence process before any agreement is made.

By |2022-10-06T13:24:16+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIT05L04 – Letter of invitation to employee representative to a Tupe consultation meeting

This letter can be used to invite the elected representatives to a consultation meeting to discuss questions/queries/concerns of them and their work colleagues. At this stage the elected representative will have been chosen by colleagues. If there are less than 10 employees, this document can be amended to invite employees to individual meetings.

By |2022-10-06T13:24:36+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIT05L05 – Letter to employee representative in relation to a Tupe transfer and the start of consultation process

This letter can be used to inform elected representatives that there will be a Transfer of Undertakings and that a consultation process will imminently take place. At this stage the elected representative will have been chosen by colleagues. If there are less than 10 employees, this document can be amended to inform individuals rather than elected representatives.

By |2022-10-06T13:27:18+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIT05L09 – Employee letter to confirm an opt out of transfer of undertakings

This template can be used by a transferor whose employee does not wish to transfer and avail of their right to have their terms and conditions of employment honoured. If an employee has expressed a concern that they do not wish to transfer, they must put this in writing in order to prevent a constructive dismissal claim.

By |2022-10-06T13:25:34+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIT01F01 – Exit interview form

This form can be used to complete an exit interview with nay employee that has resigned. An exit interview is a valuable tool for gaining information on the reasons for an employees departure. The interview has a number of questions in relation to various factors such as training and development within the workplace

By |2022-10-06T13:26:40+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIT04F06 – Training Agreement Template

There is no legislation surrounding whether an employee is liable to repay training costs upon leaving employment. Many employers lose their return on investment into employees’ development should they leave. It is recommended that employers ask employees to complete a training agreement to ensure they are protected. This training agreement provides detailed information on when the employee will be required to reimburse the employer.

By |2022-08-10T18:29:10+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L29 – Outcome of a formal capability meeting regarding long term absence to confirm termination of employment

This letter confirms termination of employment as a result of capability, normally long-term absence, This letter should only be sent to an employee where a formal capability hearing has taken place following a number of informal absence review procedures. Employers are advised to proceed with caution and seek legal advice on this procedure to avoid disability discrimination.

By |2022-08-10T18:29:05+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07P01 – Sickness Policy

This is a comprehensive sickness absence policy which outlines notification procedures, definitions of short and long term absence, procedures for dealing with short and long term absence, trigger points, medical appointments and return to work interviews, among other important information. It is recommended that all employers have a clear sickness policy so that employees are clear on the procedures.

By |2022-08-12T14:53:10+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07F02 – Return to work interview form

This return to work form is beneficial to record a return to work meeting and other important information such as whether the employee is fit to be back at work, whether they adhered to the absence notification procedures, if their absence is likely to re-occur and any handover of duties. It is also beneficial to record whether the employee has submitted the appropriate medical certification or self-cert, and whether the employee has hit their trigger point and if any further action is required.

By |2022-08-12T14:51:58+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS10L01 – Letter of invitation to a formal hearing following an issue that constitutes “some other substantial reason” for dismissal

This is a letter of invitation to a formal hearing following an issue that constitutes "some other substantial reason" for dismissal. The potentially fair reasons for dismissal are capability; conduct; redundancy; contravention of a statutory duty or restriction; or, if none of these apply, "some other substantial reason of a kind such as to justify the dismissal of an employee holding a position which the employee held" can be used. In any case, employers should not take this decision lightly and must follow the stages of a fair procedure, including investigation of all of the circumstances, a formal hearing, right of representation and right of appeal. Employees can still claim unfair dismissal (subject to the qualifying criteria) for dismissals by way of ‘some other substantial reason’.

By |2022-08-10T18:29:05+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS10L02 – Letter inviting employee to a meeting to discuss variation of terms and conditions due to a possible dismissal for SOSR

The is a letter inviting employee to a meeting to discuss variation of terms and conditions due to a possible dismissal for SOSR. The potentially fair reasons for dismissal are capability; conduct; redundancy; contravention of a statutory duty or restriction; or, if none of these apply, "some other substantial reason of a kind such as to justify the dismissal of an employee holding a position which the employee held" can be used. In any case, employers should not take this decision lightly and must follow the stages of a fair procedure, including investigation of all of the circumstances, a formal hearing, right of representation and right of appeal. Employees can still claim unfair dismissal (subject to the qualifying criteria) for dismissals by way of ‘some other substantial reason’.

By |2022-08-10T18:29:05+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS10L03 – Letter confirming dismissal for some other substantial reason

This letter confirms the dismissal of an employee for ‘some other substantial reason’. The potentially fair reasons for dismissal are capability; conduct; redundancy; contravention of a statutory duty or restriction; or, if none of these apply, "some other substantial reason of a kind such as to justify the dismissal of an employee holding a position which the employee held" can be used. In any case, employers should not take this decision lightly and must follow the stages of a fair procedure, including investigation of all of the circumstances, a formal hearing, right of representation and right of appeal. Employees can still claim unfair dismissal (subject to the qualifying criteria) for dismissals by way of ‘some other substantial reason’. Employers are urged to take specific legal advice in relation to dismissals for SOSR.

By |2022-08-10T18:29:05+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L07 – Letter arranging a long term absence review meeting at the employee’s home

This letter is used to arrange a home visit with an employee who is on long-term absence. The home visit will be to discuss their absence and obtain further information on the situation. It is recommended that regular absence review meetings are held with employee who is on long-term absence. This letter should be sent and tailored on each occasion of a long-term absence meeting.

By |2022-08-10T18:29:00+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L11 – Letter to an employee’s GP requesting a medical report

This letter is only used after the employer has obtained explicit consent from an employee to access a medical report. The letter is used to send to the employee's GP to obtain further information on the employee's condition and what reasonable adjustments need to be made in the workplace to facilitate the employee, among other important information.

By |2022-08-10T18:29:00+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L12 – Letter inviting an employee to a short term absence review meeting

This letter is used to send to an employee who has issues of persistent short-term absenteeism. The invitation to the meeting will outline the main points to be discussed at the meeting, with the aim of understanding the reasons for persistent absence. Employers can insert reference to any trigger points or dates of absence within the letter.

By |2022-08-10T18:29:00+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L15 – Letter confirming reasonable adjustments are being made in order to facilitate an employee’s return to work

This letter is normally sent after a discussion has taken place with the employee regarding reasonable adjustments that are recommended to facilitate a return to work. The letter outlines what reasonable adjustments can be implemented by the employer in order to allow the employee to return to work.

By |2022-08-10T18:29:00+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L16 – Letter inviting an employee with work related stress to an absence review meeting

This letter is sent to an employee who has notified the employer that they are suffering from work-related stress and absent from work as a result. The letter invites the employee to a meeting to discuss the stressors with an aim to alleviating the stress that the employee is experiencing. It is recommended that work-related stress is addressed as soon as reasonably practicable.

By |2022-08-10T18:29:00+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L19 – Letter to an employee on unauthorised absence who has not made contact with the employer

This letter is for an employee who is absent from work and has not made contact with the employer. The letter informs the employee that their continued failure to make contact may be a disciplinary matter and that they should make contact as soon as possible. The letter invites the employee to a meeting to discuss their absence and their circumstances.

By |2022-08-10T18:29:00+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L22 – Letter notifying an employee of the consequences of failure to submit medical certificates

This letter can be sent to an employee who is absent for greater than 7 consecutive days, but who has failed to submit any medical certificates. The letter reminds the employee that without submission of medical certificates their absence is unauthorised, without pay and potentially a disciplinary matter.

By |2022-08-10T18:29:00+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L27 – Letter confirming the outcome of a meeting held to discuss the contents of an occupational report

This letter is to send to an employee to confirm what was agreed further to receipt of an occupational health report. It gives the option for the employee to either return to work or remain absent if they are unfit to return to work. The letter also gives the employer the option to inform the employee if it is a case that there is no likelihood of a return to work, or if they are to return to an alternative role.

By |2022-08-10T18:29:00+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS06P01 – Short time working and Lay Offs Policy

This policy should be inserted into all employment handbooks. This clause outlines when the employer may enforce a temporary lay off or short time working. If this policy is not in a contract of employment/ employee handbook the employer will need to consult and seek agreement from an employee prior to a period of temporary lay off or short time working.

By |2022-08-10T18:28:55+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS06C01 – Short Time Working and Lay Off Contract Clause

This clause should be inserted into all employment contracts. This clause outlines when the employer may enforce a temporary lay off or short time working. If this clause is not in a contract of employment the employer will need to consult and seek agreement from an employee prior to a period of temporary lay off or short time working.

By |2022-08-10T18:28:55+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L02 – Letter confirming with the employee that they will receive occupational sick pay at discretion

This letter should be sent to an employee who is not contractually entitled to sick pay, but where the employer will, at their discretion, pay sick pay on one occasion. It is recommended that the timeframes are stipulated (start and end date of sick pay), in order to protect the employer against any ambiguity and against setting a precedence.

By |2022-08-10T18:28:55+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIS07L04 – Letter inviting an employee to a long term absence review meeting

This letter is used to invite an employee who is on long-term absence into a meeting to discuss their absence and obtain further information on the situation. It is recommended that regular absence review meetings are held with employee who is on long-term absence. This letter should be sent and tailored on each occasion of a long-term absence meeting.

By |2022-08-10T18:28:55+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIR04P01 – Resignation Policy

This policy details the process to be followed by an employee who wishes to resign and gives guidance for managers on the issues to consider before the resignation takes effect. This policy covers notice of resignation, withdrawal of resignation, pay in lieu of notice, garden leave, exit interviews and managing annual.

By |2022-08-10T18:28:44+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIR04L06 – Letter to an employee who has verbally resigned asking them to confirm their intentions

This letter should be sent to any employee who has resigned verbally requesting that the employee notify the employer in writing. It is best practice that a resignation is in writing and this will ensure if the employee has any issues that have resulted in the employee's resignation these can be addressed.

By |2022-08-10T18:28:44+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIR05C01 – Contract Clause on retirement age if it can be objectively justified

This clause can be included in a contract of employment only when there is a justifiable reason for enforcing a retirement age. In NI there will be very limited circumstances when a retirement age can be justified. Employers should be mindful that they could face claims of age discrimination if this clause is inserted without reason.

By |2022-08-10T18:28:44+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIR02L16 – Letter to employee on maternity leave informing them that there is no suitable alternative available and confirming redundancy

This letter informs an employee who is on maternity leave that there are no alternatives job roles available and confirms termination of employment by way of redundancy. It outlines redundancy pay (if applicable), notice and holiday entitlements and the entitlement to appeal.

By |2022-08-10T18:28:33+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIR02L18 – Letter of response to an employee on maternity leave who has refused alternative employment

This letter outlines to an employee who is on maternity leave, whose job role is at risk of redundancy and who has been offered suitable alternative employment that if they choose to decline the offer of suitable alternative employment that they will loose their right to a statutory redundancy payment.

By |2022-08-10T18:28:33+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIR02L09 – Letter offering a trial period of alternative employment to an employee who has been made redundant

This letter confirms that alternative employment is being offered on a trial basis to an employee whose job role was at risk of redundancy. It explains the start and end date of the trial period, and that if the trial period is unsuccessful the redundancy of the job role will proceed.

By |2022-08-10T18:28:28+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIP07H01 – How to guide Probationary period

This how to guide outlines the process for managing a probationary period, including an explanation of the purpose of probationary periods, how to manage any concerns during the probationary period, what support should be provided, along with information on confirming the successful completion of a probationary period as well as terminating employment either before completion of the probationary period or at the end of the probationary period.

By |2022-08-10T18:28:17+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIP08P01 – Policy on promotion

This letter can be sent to an employee that has been promoted. This letter outlines the terms of the promotion and provides the option of a trial period in the new position. It is important to remember that an employee who is placed on a trail period could not be dismissed if they were not successful and they would need to return to their original position.

By |2022-08-10T18:28:17+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIR01F02 – Interview record form

This form can be used to record the outcome of an interview process, including any second or third choices. It can also be helpful to formally record the successful candidate’s salary expectations and notice to give. It should be retained with all other interview documentation including score sheets and application forms.

By |2022-08-10T18:28:17+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIP06P01 – Performance Management policy

This policy should be used when an employee's performance has been identified as falling below an acceptable level. Its purpose is to provide a framework for resolving the issue, ideally through the improvement of the employee's performance. As a last resort, the policy specifies the circumstances in which the employee may be redeployed to more suitable work or dismissed on the ground of capability.

By |2022-08-10T18:28:12+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIP06S01 – Script for an Informal Performance Review Meeting

This script can be used for an informal performance review meeting needs to take place, and may potentially lead to a formal capability hearing. Employers should bear in mind that the employee must always have the opportunity to respond to the concerns in an informal context before being invited to a formal capability hearing regarding performance. It is important to be as specific as possible regarding any under-performance. Examples should be used, and nothing new should be raised at the next stage (the formal capability hearing).

By |2022-08-10T18:28:12+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIP06S02 – Script for a formal capability hearing regarding underperformance

This script can be used for a formal capability meeting regarding underperformance. Employers should bear in mind that the employee must always have the opportunity to respond to the concerns in an informal context before being invited to a formal capability hearing regarding performance. It is important to be as specific as possible regarding any under-performance however as this is a formal meeting, which may result in a formal sanction, all issues of concern that are raised must have already been addressed in an informal context (informal performance review meeting]. The employee must have been invited in writing to this meeting, via formal letter, given the opportunity to be accompanied by a work colleague or a trade union representative and have been given 48 hours’ notice.

By |2022-08-10T18:28:12+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIP07L02 – Letter of formal invitation to probationary review hearing

This is formal invitation to a probationary review hearing, where a possible outcome is that the employee's employment is terminated by way of an unsuccessful probationary period. The employee would normally be entitled to be accompanied at this meeting and it is advised that a minimum of 48 hours advance notice is given to the employee of the meeting.

By |2022-08-10T18:28:12+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments

NIP05L01 – Letter confirming agreements made following performance appraisal

The performance appraisal should be an overview of performance and an opportunity to provide constructive feedback as well as recognize work well done by the employee. It should not be held in an investigatory context or followed up with a notification of concern. However, if there are areas of concern, areas of improvement can be agreed upon. This letter can be used to outline the concerns to the employee.

By |2022-08-10T18:28:06+00:00August 10th, 2022|All jurisdictions, NI/GB region|0 Comments