Can you be sacked at a disciplinary hearing?
Short answer – yes.
Of course, being dismissed immediately is reserved for extreme breaches of disciplinary such as gross misconduct.
As long as your employer holds a disciplinary hearing and follows the correct procedure throughout, they’re within their rights to dismiss you for serious incidents and gross misconduct.
However, it’s important that you’re away of your workers’ rights to ensure that a fair process is followed.
So, What Is A Disciplinary Hearing?
Disciplinary action can be brought against an employee by their employer if they have concerns relating to their work, conduct, or any absences.
A disciplinary is the culmination of a disciplinary process where the employee and employer sit down for a formal meeting to discuss the alleged behaviour or incident.
This is usually held once all the evidence has been collected and any witnesses are called forward. Any performance issues or misconduct should be outlined by the employer by detailing any evidence, and notes should be taken by someone at the meeting.
Importantly, this is your chance to set out your case, answer any allegations, and ask questions. You might also wish to demonstrate evidence, call relevant witnesses, and respond to information presented by witnesses.
You can also ask for someone to accompany you to the disciplinary hearing – but crucially, your employer doesn’t have to allow it.
If allowed, they discuss your case, respond on your behalf, take notes, and summarise the case.
Once the hearing has ended, your employer must tell you how the process will continue, including the timeframe it will happen within – e.g. within the next 2 weeks, a decision will be made on the outcome and we’ll communicate this in writing.
Disciplinary Hearing – What Happens Next
Once your employer has come to a decision following a disciplinary hearing, they MUST inform you – whether they are planning to sack you, suspend you, introduce a series of performance targets, or any other action.
The decision has to be based on action taken on similar cases previously, as well as the evidence presented and what can be generally considered fair and appropriate.
You should be aware that only a manager with the relevant authority can decide to dismiss an employee, while any decision that is NOT a dismissal should include specific goals for the employee to reach by specific dates.
The decision should be relayed in writing and should include details of the decision, how it’s been reached, and if it’s a dismissal, the date of termination of employment, their notice period, and the right to appeal.
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.
Solicitors Near Me To Assist With A Disciplinary Hearing
A disciplinary hearing is a stressful time for anyone and knowing what your rights are is vital to ensure you’re treated fairly by your employer.
At Solicitors Near Me, we’re here to help.
We connect you with expert employment solicitors near to where you live for FREE, so you can get the very best advice for your case.
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