Part of running a business means that inevitably you will face situations where an employee either extends the boundaries of your workplace policies or their performance falls below expectations meaning you need to intervene. If the conduct is serious, you may consider bringing disciplinary proceedings against the employee, this could culminate in a disciplinary hearing....
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Part of running a business means that inevitably you will face situations where an employee either extends the boundaries of your workplace policies or their performance falls below expectations meaning you need to intervene. If the conduct is serious, you may consider bringing disciplinary proceedings against the employee, this could culminate in a disciplinary hearing.
It’s important that you follow a fair process in compliance with the guidelines set out in the ACAS code of practice and in line with your company’s disciplinary procedure. If you fail to follow fair process and the employee leaves your organisation as a result, then they could cite constructive dismissal and take you to an employment tribunal.
Ensure your disciplinary process is compliant and fair. Talk to the employment law advisory team at Employer Advice today for expert advice. Call 0800 470 3529.
There are three primary aims of a disciplinary process, they are:
Disciplinary hearings are designed to promote the upholding of the rules that contribute to a safe and conducive working environment. Likewise, they are there to emphasise the correct ways for employees to conduct themselves in the workplace and highlight the consequences of failing to adhere to said conduct.
They should be used to ensure fairness and safeguard both the rights of the employer and employees.
This should be set out in your disciplinary procedure. Employers should conduct a thorough investigation into the incident as well as give the employee an opportunity to address the incident and give their version of events.
A disciplinary hearing can be held if the employer feels like the evidence from the investigation show there is a case to answer. The employee must be provided with any evidence that the employer has pertained from the investigation, prior to the hearing in order to properly prepare.
Evidence gathered and presented can include:
In preparation for the hearing the following should be followed for all parties involved:
All involved in the disciplinary hearing should be notified in advance to give them time to prepare for the meeting.
All documentation relating to the case should be shared with all the involved parties, in ample time to allow preparation.
The full procedural process of the hearing should be outlined, and the conditions reiterated, this includes reminding employees of their right to be accompanied by a trade union representative and/or a colleague.
Questions should be prepared by both parties based on the supplied evidence.
Outline what the outcomes are likely to be
You should decide on what the possible outcomes of the hearing will be, before you decide to hold a disciplinary hearing. This could be anything ranging from taking further action to dismissal in more serious cases.
At the hearing the employer will present their reasoning for calling a disciplinary hearing, as well as the supporting evidence. They will have an opportunity to put forward the events as they understand them to be as well as any mitigating circumstances. The employee will be allowed to question these.
As an employer you must not come to a decision before or during the hearing, therefore you should take the time to consider all the evidence and the employee’s position before arriving at a decision. Failure to follow this process will likely lead to a claim of the disciplinary process not being followed which could lead to an employment tribunal.
There could be a range of potential outcomes of a disciplinary hearing. This can range from not taking any further disciplinary action against the employee in question, disciplining the employee in some way, or in the most extreme cases (such as gross misconduct) dismissing the employee.
If your employee does not agree with the decision, they have the right to appeal the case. As an employer, you must remind them of this right when you deliver your decision. There are several potential grounds that an employee can appeal on, this includes:
The employee can appeal on the grounds that the proper disciplinary process was not followed.
If the employer did not explain the employees’ rights or denied them a right, for example made no mention of the employee’s right to be accompanied by a work colleague or denied them the right to be accompanied by a colleague.
If the evidence used to determine the decision was falsified, misleading or lacking.
If the employee feels that the outcome of the decision was too harsh, when compared to cases of the same or similar nature, then the employee can appeal the decision.
Before you act, ensure your disciplinary procedure and processes are compliant with the latest employment legislation. Formal disciplinary actions are covered by the ACAS code of practice, which means employers must follow their responsibilities as outlined in the code.
Contact the experts at Employer Advice today and avoid the risk of costly legal litigation against your organisation. With over 40 years’ experience in helping businesses navigate the world of employment law, our advisors are only a phone call away.
Call today on 0800 470 3529.