The basis for the application of S.O.A.P was to provide physicians with an objective method of documentation that would deter them from making assumptions with regard to scientific decisions that related to their patients.
LINK 2 ADVOCATES, have adopted the same principles with regard to the legal assessment of employment law disputes.
There are four parts of S.O.A.P: Subjective, Objective, Assessment, and Plan.
The subjective element describes the issues that under review with regard to the employees and the discussion and notes that are taken will be in a narrative form. This forms the basis of subjective analysis. This will involve any grievances or potential disciplinary issues that the employer will need to address.
• Dates of incidents that have been documented and recorded
• Chronology of events that require discussion
• Application of internal procedures
• Analysis of issues the sanctions that may be imposed
• Modifying factors that may involve dispute resolution
• Investigation and inquiry concerning the issues under review
• Internal procedures to take effect and written communication examined
• Review of internal mechanisms that may be applied to the issues now under review
• Investigation and outcomes with detailed analysis of findings
• Preparation for meetings
• Measurement of potential appeal issues and significance of the data under review
• All parties fully prepared for meetings and the possible outcome
• All parties act in accordance to internal procedures and relevant employment law legislation
• Assessment of issues under review and an outcome is then provided in writing
• How to move forward
• Pastoral application to issues under review
• Appropriate sanction with written reasons if necessary
LINK 2 ADVOCATES uses the S.O.A.P methodology due to the fact that subjective analysis of any dispute will present an alternative argument as to why and employee may be under performing or has reacted in a certain way that has caused an impact to the working environment.
LINK 2 ADVOCATES, assess the objective needs of the business, looking at the relevant issues and provide a balanced report as to why problems have arisen that allows the employer to consider their contribution to the problems under review if this indeed is a consideration that needs to be addressed.
Finally, we make our own Assessment of what you should do, and develop a Plan moving forward. The emphasis is to avoid further litigation and resolve the matter amicably between parties.
The S.O.A.P methodology is also applied to the strategic defence to an application that is presented to an Employment Tribunal by a Claimant.
The methodology may also be applied to a Claimants application against an employer.
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