Disciplinary Hearing

Advice & Considerations for Businesses
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 Disciplinary Hearings

 By the time of a disciplinary hearing, some form of disciplinary investigation should have taken place. What happens during a disciplinary hearing should be consistent with the disciplinary procedures of the organisation. It is common for a representative of the organisation to present evidence against the employee at the hearing, and for the employee to  put forward their views and present evidence which supports their position.

There are many aspects to a properly managed disciplinary hearing. Some examples are:

  •  Ensuring that, prior to the disciplinary hearing, there has been a thorough disciplinary investigation, and following that investigation a decision is  made regarding whether or not  the allegation(s) have substance and, if so, that the matter should be progressed to a disciplinary hearing.
  • The employee is made  fully aware of the allegation(s).
  • Evidence is compiled and provided to the employee prior to the disciplinary hearing.
  • The employee is given an opportunity to challenge evidence, call witnesses etc.

Whilst it is easy to get lost in the details or the process, the guiding principle should be that of fairness.

A thorough disciplinary investigation will bring the issues to light. The disciplinary hearing decision maker(s) should not be involved in the matter before the hearing. It is crucial that decision maker(s) maintain an open mind, give the employee an opportunity to have their say and then reach a view based on the evidence.

If you would like assistance  with any aspect of the  disciplinary process, we are experienced in offering a range of services which ensure that the disciplinary hearing is objective, transparent and  adheres to best practice.

Either sign up for one of our monthly HR support packages or get in touch to discuss how we can support you on an ad-hoc basis.

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