Employee advice for disciplinary hearings can make all the difference when you find yourself in the difficult position of disciplinary action being taken against you.
While every situation is different, there are some key things to remember during a disciplinary hearing – especially when it comes to ensuring the process is carried out fairly and properly.
Knowing what to expect can help alleviate some of the stress and pressure of the situation too, although we recognise that it’s not an enjoyable position to find yourself in.
A disciplinary hearing is part of the wider disciplinary process that’s often referred to as ‘disciplinary action’. That might be because they have concerns over your conduct, your work, or absences from work.
The hearing is perhaps the most important part of the process, though – so knowing how it works and what to expect can be invaluable.
What Is A Disciplinary Hearing?
A disciplinary hearing is the conclusion of disciplinary action – the point where evidence is presented by the employer and by yourself if you wish to.
Your employer should explain the issues around conduct, performance, or absences clearly before going through any evidence they’ve collated.
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.
This 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.
Do Employees Have To Attend A Disciplinary Hearing?
If your employer requests that you attend a disciplinary hearing, you’re required to attend. It’s likely written into your employment contract and there should also be guidance on how the procedure will unfold.
If not, then your employer should make that available to you.
The outcomes can be vastly different, depending on the approach they take, and might include offering support, training, encouraging improvement, and putting together a plan for your professional development.
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 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 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.
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 your situation, at Solicitors Near Me we 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…