Disciplinary hearing advice is essential if you find yourself in a position where you’re facing disciplinary action from your employer.
Whether you’re unsure how the process works, why it’s happening, or what to expect, we’ve got you covered.
Disciplinary action is the overarching process that’s brought by an employer if they have concerns around your work, conduct or absences.
But the hearing itself is a crucial part of the process, and perhaps the most important bit.
So, What Is A Disciplinary Hearing?
A disciplinary hearing is the conclusion of disciplinary action – the point where both the employee and employer have a chance to present their evidence.
The employer should explain the alleged performance issues or misconduct clearly, go through the evidence, and ensure that notes are taken by someone present at the hearing.
Importantly, this is the employee’s chance to set out their case, answer any allegations against them, ask questions, demonstrate evidence, call any witnesses, and respond to information presented by witnesses.
You’re allowed to bring a companion with you, whether that’s a union representative, colleague, or legal representative.
Once the hearing has ended, the employer must inform the employee of how the process will continue, including the timeframe it will happen within.
Why Is Disciplinary Action Being Brought Against Me?
Essentially, disciplinary action is a formal procedure where an employer will act on misconduct or an employee’s performance.
When talking about concerns over performance, this basically means that they aren’t sure whether you have the capability to perform your role to the level that’s required by them.
There are a few routes they can take, including offering support, training, encouragement to improve, and putting together a plan for your development.
However, misconduct refers to inappropriate behaviour that breaks workplace rules, including bullying, refusing to work, harassment, and unauthorised absences.
These are obviously incredibly serious allegations and it should be noted that matters that are considered to have a severe effect will come under the banner of ‘gross misconduct’.
Gross misconduct may include fraud, violence, gross negligence, and other significant matters that would require an investigation and full disciplinary procedure.
The Disciplinary Process
When an employer deals with disciplinary issues, whether it’s a capability or misconduct issue, they must follow a fair and proper process.
If the employer has attempted to resolve the issue informally but feels they need to b begin disciplinary proceedings, they must inform the employer immediately.
For this to be considered a fair process, it must be done in writing, and needs to include:
- Potential consequences
- Sufficient information about the alleged misconduct or performance issues
This is so that the employee has time to prepare for a disciplinary meeting, as well as protecting the employee, the employer, and the business.
The ACAS Code of Practice on disciplinary and grievance procedures is the minimum standard that businesses are expected to adhere to, although they may have their own workplace policies that have differences to better reflect the requirements of your business.
While the ACAS Code isn’t legislation, the reality is that if a disciplinary case goes to an employment tribunal, judges will consider whether an employer has followed the ACAS Code fairly and reasonably.
This applies to anyone with employment status, although it’s advisable to follow the same procedures for all workers, whether they’re freelance, employed, a contractor, or any other classification of worker.
Once an employer has reached a decision following a disciplinary hearing, they must inform the employee…
Any decision MUST be reached based on action taken on similar cases in the past, the evidence presented, and what is considered fair and appropriate.
The right to appeal is an essential part of the process as it provides the employee with an opportunity to contest the decision if they feel it’s too severe or if any part of the disciplinary process was unfair.
Disciplinary Hearing Solicitors Near Me
Disciplinary hearings can feel intimidating, particularly if you’re unsure of what to expect.
Seeking expert legal advice is a great way to ensure that you have all of the available information and know how to approach the situation.
Whatever the situation, Solicitors Near Me will connect you with expert solicitors near to you for FREE to provide you with legal advice on your disciplinary situation.
If you need any legal advice relating to disciplinary action, then simply click below to find solicitors near you…