How do we conduct a disciplinary hearing?

From time to time, disciplinary issues arise in any workplace. They need to be dealt with fairly, consistently and promptly. Any Company should, in any event, have disciplinary procedures in place that are up to date with present legislation.

What is the first step to take?
The first step in any process is to identify the issue involved and to investigate. It may be that poor performance, for example, is down to a lack of training or supervision and therefore can easily be resolved by intervention and guidance rather than by disciplinary action. An investigation meeting can be held to establish the facts. Witnesses can be identified and statements can be taken.

If there is a case to answer what do we do next?
The next step is to send the employee what is commonly known as a 'step one' letter. This should set out what the issue involved is and when and where the meeting will take place. Reasonable notice should be given and a copy of the evidence included. the employee must be told that he can be accompanied and that if he persistently fails to attend meetings, the matter may proceed in his absence. The letter should also indicate if dismissal is a possible sanction.

Who should conduct a hearing?
The hearing should be conducted by a senior manager who has authority to make any appropriate decision. It should not be the same person who conducted the investigation.

How should the hearing proceed?
Notes should be taken and agreed if possible. The hearing can even be recorded and a transcript prepared. The employer should present their case and witness statements can be read. Alternatively, witnesses can be called to give evidence. Questions can be asked of witnesses. The employee will then present his or her case and will be given the opportunity of calling witnesses.

When should the decision be made?
In very straightforward cases the decision can be made there and then. The person chairing the meeting can take as long as they require and may wish to consider the matter overnight. Each case will depend upon its facts.

What happens next?
The employee should be notified in writing of any findings made and the decision arrived at. They should also be told of their right to appeal against the decision to a more senior manager.

Summary

• Investigate thoroughly
• Send a 'step one' letter
• Right to be accompanied
• Make notes and agree them
• Come to a decision and justify it in writing
• Remind the employee of their right to appeal

This article gives our thoughts on how a disciplinary process may proceed.It is not meant to be advice on any particular set of facts. If in doubt legal advice should always be sought. We have considerable experience in employment and HR issues and can be contacted on 01582 439795.