Disciplinary Hearing Questions
A disciplinary procedure can be an incredibly stressful time for all involved, particularly if the potential decision could be dismissal.
Proceedings can be brought for many reasons, but the most likely reasons relate to conduct, work performance, and absence.
Disciplinary hearings are the main portion of disciplinary procedures. This is where the employee and employer sit down and present evidence before a decision is made on the future of the employee in the workplace.
What Happens In A Disciplinary Hearing?
The employer will explain the alleged performances 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.
At the hearing, the employee can ask for a companion to speak on their behalf, but the employer is not required to allow this.
If allowed, they can set out the employee’s case, respond on their behalf, take notes, and summarise their case.
What Questions Might Be Asked In A Disciplinary Hearing?
Several introductory questions should be asked at the beginning of any disciplinary hearing to ensure the correct and proper process is followed.
- Do you know why the disciplinary hearing is taking place?
- Do you understand the nature of the allegations made against you?
- Have you received full details of the allegations in writing?
- Have you been granted access to the company’s code of conduct and disciplinary procedure?
- Do you know that you have a right to be accompanied in this disciplinary hearing?
These questions must be asked, amongst others, to ensure that the employee fully understands why the hearing is taking place.
It also prevents the employee from alleging at a later date that the disciplinary procedure was in any way unfair or incorrect in an appeal. All employees have the right to appeal to any decision reached.
The chairperson of the meeting must record the answers given to each of the questions. The answer should ‘yes’ to each question if the process has been carried out correctly up to that point.
If the employee doesn’t answer ‘yes’ to any question, then this should be recorded along with their full response. It it might be necessary to adjourn the hearing.
That is only likely to be the case if the procedure hasn’t been followed through. For example, if the employee hasn’t received the allegations in writing, copies of evidence, or if they weren’t informed that they have a right to be accompanied at the hearing.
What Happens After A Disciplinary Hearing?
The employer should consider their decision based on:
- All available information and evidence
- Previous action taken on similar cases
- Whether the action is fair and appropriate
Once they’ve made that decision, they are required to inform the employee in writing.
Crucially, any decision to dismiss an employee can only be made by someone in the business with the requisite authority to do so. Such as a manager.
Any decision that is NOT dismissal should include specific timeframes and goals for the employee to reach as well as details on the reasons for the decision.
The right to appeal is an essential part of the process. 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