Disciplinary Hearing Solicitors Essex: Romford, Brentwood, Upminster
What is a Disciplinary Hearing?
A disciplinary hearing will take place when there are issues with an employee’s conduct in the workplace. The purpose of the hearing is to explore the allegations against the employee, hear any relevant evidence, listen to the employee’s explanation and make a decision as to the sanction (if any) to be applied.
Common Reasons for Disciplinary Hearings
Misconduct Allegations
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.
Breach of Company Policy
Breaches of the employer’s policy will usually constitute misconduct. Those policies might cover drugs and alcohol, gifts and hospitality, bribery and use of the company’s IT systems.
Role of Disciplinary Solicitors in Preparation
If as an employer you need to start a disciplinary process against an employee, our Employment team can make sure that you follow the correct procedure.
A solicitor would not usually be permitted to represent an employee in a disciplinary procedure.
What Do Disciplinary Solicitors Do?
Our Employment team can review your Disciplinary policy and procedures, as well as advising on specific disciplinary issues.
If you are an employee and you have been dismissed following a disciplinary hearing, we can advise as to whether you have a claim for Unfair Dismissal.
Benefits of Hiring a Disciplinary Solicitor at Mullis & Peake
It is always important to adopt a sensible procedure for resolving any grievance or disciplinary matters. Early direct communications between an employer and employee can help resolve a problem before it goes too far. We can advise you on the procedures you might need to follow.
The ACAS (Advisory, Conciliation and Arbitration Service) website is also a good portal for obtaining 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.
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The Disciplinary Hearing Procedure
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.
Following the meeting, the employer must decide what action to take (if any). This could be a written warning, final written warning or (in the most serious cases) dismissal. The employee must be informed of the decision in writing, and given the chance to appeal.
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.
Pre-Hearing Procedures
Notification of Allegations
The employee should be notified of the allegations against them at the earliest opportunity. This is important, as the employee should have sufficient notice to allow them to prepare their case.
Gathering Evidence
It is vital from the employer’s point of view that all relevant evidence is gathered at an early stage. This might include statements from any witnesses, computer records, or CCTV footage.
Conducting the Disciplinary Hearing
Introduction and Purpose
At the start of the hearing, all those present should be introduced, and their role in the hearing explained. Everyone should be clear as to what the purpose of the hearing is and the format that it will take.
Presentation of Evidence
The employer will present the evidence it has gathered to support the allegation of misconduct.
Employee's Right to Respond
The employee will have the right to respond to that evidence, and give their side of the story, along with any witnesses they rely on.
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.
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 giving 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.
Preparing for 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.
Do you need help with anything else?
Mullis & Peake have solicitors in employment law ready to help you. Contact us online today or call us on 01708 784000.
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Our latest insights
Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department
Martyn is a consultant and specialises in contested Wills and personal injury.
