A disciplinary hearing can be a difficult time for both the employee and employer involved.
If you’re wondering how the process works, then you’re not alone.
Disciplinary action can be brought against an employee by their employer if they have concerns relating to their work, conduct, or any absences.
To be connected to a specialist employment solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.
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 evidence.
The employer should 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. 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.
Once the hearing has ended, the employer must inform the employee of how the process will continue, including the timeframe it will happen within.
Disciplinary Action – What Does It Mean?
You might see a variety of language used about disciplinary action, but in essence, it’s a formal procedure. Where an employer will act on misconduct or an employee’s performance.
The first relates to your performance in a work setting, which basically means they have significant concerns about your capability to perform your role to the required ability.
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.
It’s important to note that misconduct is different to gross misconduct, which relates to matters that have an extremely serious effect.
This might include fraud, violence, gross negligence, and other significant matters that would require an investigation and full disciplinary procedure.
The Verdict Of Disciplinary Action
Once an employer has reached a decision following a disciplinary hearing, they must inform the employee.
It’s worth noting that the decision MUST be reached based on action taken on similar cases in the past, the evidence presented, and what is considered fair and appropriate.
Only a manager with the relevant authority can decide to dismiss an employee. Whislt any decision that is NOT a dismissal should include specific goals for the employee to reach by specific dates.
The decision should be relayed to the employee in writing, It should include details of the decision. How it’s been reached. 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. 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.
To allow the employee to appeal if they feel the action is too severe. Or, if any element of the process as unfair.
Solicitors Near Me To Assist With A Disciplinary Hearing
If you need any legal advice relating to disciplinary action, then simply click below to find solicitors near you…
Find An Employment Solicitor Now
To be connected to a specialist employment solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.
