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NIS07L13 – Letter of concern for an employee who is persistently absent for short term spells

Categories: All jurisdictions, NI/GB region|Tags: |

This is a letter of concern for an employee who continues to have spells of short term absence and there has been no improvement. The employee would normally not have any underlying medical condition or extenuating circumstances. The letter outlines a timeframe whereby the attendance of the employee will be monitored. It also references potential disciplinary proceedings if improvements in attendance are not forthcoming. Download

NIS07L33 – Letter to employee informing them of holiday accrual and how it is taken after or during sick leave

Categories: All jurisdictions, NI/GB region|Tags: |

This letter informs an employee of what annual leave accrual they have after a period of sick leave. The letter outlines the option of the employee submitting a holiday request for their desired dates of holidays, asking the employee to take leave on specific dates or permitting the carry over of holidays to the following holiday year. Download

NIS07S04 – Script for an absence meeting with an employee who has cited work-related stress as the reason for absence

Categories: All jurisdictions, NI/GB region|Tags: |

This script will give an employer a guide on how to structure a meeting where an employer is absent as a result of work-related stress. It will inform employers on the key questions to ask such as what can be done by the employer to alleviate the stress. Download

NIS07F03 – Access to medical reports form Northern Ireland

Categories: All jurisdictions, NI/GB region|Tags: |

An employer must provide this form to the employee for completion in the case where they are obtaining consent from the employee to access a medical report, or medical records. It outlines the employee's rights regarding this process. An employee must give consent to an employer in the case they wish to access a medical report. Download

GBS07F04 – Access to medical reports form Great Britain

Categories: All jurisdictions, NI/GB region|Tags: |

An employer must provide this form to the employee for completion in the case where they are obtaining consent from the employee to access a medical report, or medical records. It outlines the employee's rights regarding this process. An employee must give consent to an employer in the case they wish to access a medical report. Download

NIM01L16 – Letter of invitation to a meeting to discuss a request for reduced/different hour upon return to work from maternity leave

Categories: All jurisdictions, NI/GB region|Tags: |

This letter can be sent to an employee who has requested a change to their works/days of work upon return from maternity leave. This letter invites an employee to a meeting to discuss the request. An employer must give consideration to all requests for flexible working. if the employer is unable to grant the request they must have a justifiable reason for this. Download

NID01F10 – Consent form for job applicants (unsuccessful)

Categories: All jurisdictions, NI/GB region|Tags: |

This form can be used to request consent of a job applicant to continue to hold their personal information on file. This form should only be used when the employer has no other legitimate reason for processing the information. For example an employer will have a legal basis to process an unsuccessful job applicants details for 6 months (or a year in NI) in order to be able to defend any future claims from an unsuccessful applicant. If the employer wishes to process their information after this period of time they will need to seek consent. Download

NID05L05 – Letter of Concern as a result of an investigatory process

Categories: All jurisdictions, NI/GB region|Tags: |

This letter outlines that no formal disciplinary process will take place following investigation however, the manager will issue the employee with a note of concern. This is not a formal sanction but is a note to the employee that the manager believes there was wrongdoing or misconduct but has decided not to proceed on this occasion with formal disciplinary action. Download

NID05L06 – Letter of Suspension pending an investigation

Categories: All jurisdictions, NI/GB region|Tags: |

This letter should be issued to an employee suspected of a misconduct of a such a serious nature (suspected gross misconduct cases) that it warrants suspension pending an investigation. The decision to suspend should be timely but should not be taken lightly. Suspension is paid. Suspension can also occur if the person leading the investigation feels the alleged perpetrator may influence/intimidate witnesses or any claimant. Download

NID05L07 – Letter of suspension pending an investigation with a date for an investigatory meeting

Categories: All jurisdictions, NI/GB region|Tags: |

This letter of suspension includes a date for an investigation meeting. This letter should be issued to an employee suspected of a misconduct of a such a serious nature (suspected gross misconduct cases) that it warrants suspension pending an investigation. The decision to suspend should be timely but should not be taken lightly. Suspension is paid. Suspension can also occur if the person leading the investigation feels the alleged perpetrator may influence/intimidate witnesses or any claimant. Download

NIV01L04 – Letter confirming variation of terms and conditions after consultation process

Categories: All jurisdictions, NI/GB region|Tags: |

This letter can be sent to an employee after an initial consultation meeting outlining that agreement has been reached to change the employees terms and conditions. This letter outlines the terms to be changed and requests the employee sign and return a copy to signify their agreement.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIT05L01 – Due Diligence Information Request Cover Sheet

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIT04F06 – Training Agreement Template

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIS07P01 – Sickness Policy

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIS07S03 – Script for a formal capability hearing regarding long-term absence

Categories: All jurisdictions, NI/GB region|Tags: |

This script will assist employers with a guide on how to structure a meeting whereby an employee is on long-term absence. It covers key points such as what reasonable adjustments should be made and whether the employee would be willing to give consent for a medical report, among other important information.

NIS07F02 – Return to work interview form

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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’.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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’.

NIS10L03 – Letter confirming dismissal for some other substantial reason

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIS06P01 – Short time working and Lay Offs Policy

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIS06C01 – Short Time Working and Lay Off Contract Clause

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIR04P01 – Resignation Policy

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

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

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIP07S01 – Script of probationary hearing

Categories: All jurisdictions, NI/GB region|Tags: |

This script can be used for a formal probationary review. Employers should bear in mind that the employee must have a probationary clause within their contract of employment, have signed their contract of employment and be within their probationary period in order to exercise termination of employment or an extension of probationary period.

NIP07H01 – How to guide Probationary period

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIP08P01 – Policy on promotion

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIP06P01 – Performance Management policy

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIP06S01 – Script for an Informal Performance Review Meeting

Categories: All jurisdictions, NI/GB region|Tags: |

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).

NIP06S02 – Script for a formal capability hearing regarding underperformance

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIP07L02 – Letter of formal invitation to probationary review hearing

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIP05L01 – Letter confirming agreements made following performance appraisal

Categories: All jurisdictions, NI/GB region|Tags: |

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.

NIM01L46 – Letter to employee outlining entitlement to time off for fertility (IVF) treatment

Categories: All jurisdictions, NI/GB region|Tags: |

This letter can be sent to an employee who is undergoing fertility treatment, offering them the support of the organisation. This letter also explains to the employee that they can take time from their annual leave, or that the organisation is giving them additional paid leave on top of their annual leave entitlement while they undergo fertility treatment