Disciplinary action can be a difficult situation to navigate for both the employer and employee, but you might be wondering ‘what is a disciplinary hearing?’
Well, 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. They should go through the evidence, and ensure that notes are taken by someone present at the hearing.
Disciplinary At Work
Disciplinary action can be brought against an employee by their employer if they have concerns relating to their work, conduct, or any absences.
There is a strict process to follow. Each business will have its own code of conduct and rules to adhere to.
A disciplinary hearing is the employee’s opportunity to set out their case and answer any allegations against them.
They’re also able to call witnesses, present evidence, ask questions, and respond to information presented by witnesses at the hearing.
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 Happens After A Disciplinary Hearing?
Once a disciplinary hearing has been completed, the employer is required to tell the employee how the case will proceed from thereon in. As well as how long it will take.
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.
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 decision must consider:
- ALL available information and evidence
- Previous action taken on similar cases
- Whether the action is fair and appropriate
If at the conclusion of the hearing, the employer comes to the decision to dismiss the employee from their role, then it’s important to follow strict guidelines:
- ONLY a manager with the relevant authority can make the decision
- The decision must be given in writing
- The employee MUST have a right to appeal
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 and how it’s been reached. If it’s a dismissal, the date of termination of employment and notice period (if they are being dismissed), and the right to appeal.
Solicitors Near Me To Assist With A Disciplinary Hearing