Can you be sacked at a disciplinary hearing?

Introduction to Disciplinary Hearings

What is a Disciplinary Hearing?

The purpose of a disciplinary hearing is to hear and consider evidence in relation to allegations made against an employee. It is a formal meeting and minutes should be taken. After the meeting the employer will consider everything that has been put in evidence and make a decision as to what, if any, sanction should apply.

What is Gross Misconduct?

Misconduct can cover a wide variety of issues. Usually, the employer’s Disciplinary Policy will include a list of behaviour which may constitute gross misconduct or misconduct, although that list will not be exhaustive.

Breaches of the employer’s policies will usually constitute misconduct. Those policies might cover drugs and alcohol, gifts and hospitality, bribery and use of the company’s IT systems.

Conduct such as violence or dishonesty will almost always constitute gross misconduct.

Employee Rights in Disciplinary Meetings

When attending a disciplinary hearing an employee is entitled by law to be accompanied by a colleague or Trade Union representative. The role of this “companion” is to assist the employee and the companion may address the meeting, confer with the employee and sum up the employee’s position.

Disciplinary hearings should be carried out in accordance with the ACAS Code of Conduct on Discipline and Grievances at Work. Failure to follow a fair procedure when dealing with disciplinary matters could lead to a claim for Unfair Dismissal.

An employee with a disability has the right to reasonable adjustments to enable them to attend the hearing and to understand the proceedings.

Legal Rights During a Disciplinary Hearing:

Right to Representation

An employee has the right to be accompanied by a work colleague or Union representative.

Right to Access Evidence

In order for the procedure to be fair, the Employee should have access to all of the evidence that will be considered.

Right to a Fair Hearing

The hearing must be conducted fairly. The employee must be able to understand what is happening and be given the opportunity to put their side of the story and present their evidence.

Right to Appeal Decisions 

The employee must be given the right to appeal against the outcome of the disciplinary procedure. Any appeal should be considered by someone at a senior level, who was not involved in the original decision.

The Disciplinary Process

ACAS code of practice on Disciplinary and Grievance Procedures

The ACAS (Advisory, Conciliation and Arbitration Service) website is a source of information on disciplinary and grievance procedures.  ACAS provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law.

Who can accompany you to a disciplinary meeting?

An employee has the right to be accompanied to a disciplinary meeting by a work colleague or union representative. The companion can take notes and ask questions on behalf of the employee, but they cannot give evidence on the employee’s behalf. There is no right for an employee to bring a family member or legal representative.

How to best present your case at a Disciplinary hearing

Steps to Take Before the Hearing:

Reviewing Company Policies

Both employer and employee should review all of the relevant company policies. Those policies should inform both how the hearing is conducted, and also the decision as to whether there has been misconduct, and what the appropriate sanction should be.

Collecting Supporting Evidence

If there is any evidence that the employee wishes to rely on, they should collect that evidence and make sure it is sent to the employer before the hearing.

Preparing Statements and Questions

The employee and any witnesses should prepare their statements and note down any questions that they want to ask. A hearing can be a stressful environment, and you are far less likely to forget what you want to say if you have it written down.

Post-Hearing Outcomes

Possible Disciplinary Actions

There are a variety of possible outcomes arising from a disciplinary. At one end of the spectrum, if the allegations are not found to be accurate, the employer will take no action. If there has been misconduct then the employer could consider a warning, a final warning, or dismissal. The sanction applied must be reasonable.

Right to Appeal

The employee should be given the right to appeal against the disciplinary outcome. Any appeal should be considered by someone who was not involved in the initial process.

Importance of Fairness and Impartiality

It is vital that a fair and impartial procedure is followed at all stage of the disciplinary process. Failure to do so could result in any dismissal being deemed “procedurally unfair” should an Employment Tribunal claim follow.