Disciplinary Hearing
What to expect if you've been invited to 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.
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.
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.
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Can you advise on disciplinary and grievance procedures?
Yes, we can. 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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Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice
