Disciplinary hearing at work advice can make a significant difference to the outcome of any disciplinary action.
Knowing what to expect in a disciplinary hearing can make all the difference.
Whether it’s simply reducing the stress on you in a difficult situation or having the legal advice and support to decide the best course of action, it could be integral to your chances of achieving a positive outcome.
A disciplinary hearing is part of the wider disciplinary process that’s often referred to as ‘disciplinary action’.
The hearing is probably the most important part of the process, so knowing how it works and what to expect can be invaluable. We will share what happens with you in this article.
Advice For Employees Facing Disciplinary Hearing
If your employer has brought a disciplinary action against you then there is a clear process that must be followed.
Your employer should explain the issues around conduct, performance, or absences clearly before going through any evidence they’ve established.
Notes must be taken by someone present at the meeting to ensure that everything is recorded accurately and fairly, particularly if it needs to be referred back to at a later date.
The disciplinary hearing is your chance to answer the allegations against you, ask questions of your employer, provide any evidence, call witnesses, and respond to other evidence presented by your employer, including by any witnesses.
You can bring someone to accompany you to the meeting, whether that’s a union representative, a colleague, or even a legal representative.
The Disciplinary Process
If your employer has attempted to resolve any issues informally but feels they need to begin disciplinary proceedings, they must inform the employee 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 must be provided so that the employee has time to prepare for a disciplinary meeting, as well as to protect 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 it’s not a legal requirement, any employment tribunal will consider whether the process met the minimum standards laid out in the ACAS Code or not.
What About After The Disciplinary Hearing?
After the formal hearing has taken place, your employer will tell you how long the process will take so you know what to expect.
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.
The final decision must consider:
- ALL the available information and evidence
- Any previous action taken on similar cases
- Whether the action is fair and appropriate
If the action being taken is NOT a dismissal, then the decision should include clear and specific goals for the employee to reach within a set timeframe.
The decision should include details of the decision, how it’s been reached, and if it’s a dismissal, the date of termination of employment and notice period (if they are being dismissed), and information on their right to appeal.
Disciplinary Hearing Solicitors Near Me
Disciplinary hearings can feel intimidating and unsettling, particularly if you’re unsure of what to expect and how everything works – not to mention the uncertainty over your future.
But having expert legal advice in your corner is the perfect way to make sure you’ve got everything you need to achieve a positive outcome.
This is why 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.