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nathanielburgos · 5 years ago

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Disciplinary Hearing (A Guide for Employers!)

7 minute read

Last updated: 15th October 2019

Under ACAS guidelines, before an employer can dismiss or sanction an employee for a disciplinary issue, the employer should first hold a disciplinary hearing with the employee. The meeting must be managed correctly to avoid allegations that the employer failed to handle the disciplinary process fairly or lawfully. We look at how employers should prepare for a disciplinary meeting.

This article covers:

The role of the disciplinary hearing

Arranging the meeting

Suspending the employee

Who should attend the disciplinary hearing?

Questions to ask at the disciplinary meeting

Tips for leading the meeting

After the disciplinary meeting

The role of the disciplinary hearing

The ACAS Code of Practice sets out standards for employers to meet when managing disciplinary issues. Under the guidelines, a disciplinary hearing should be held as part of an employer’s fair and lawful procedure when handling and investigating a workplace disciplinary issue.

Should an employee bring a claim against their employer, the tribunal will examine whether the employee followed a fair disciplinary procedure and the ACAS code. Where the tribunal finds the employer failed to meet the required standards, it has powers to uplift compensation awards by up to 25%. Likewise, should the employee fail to follow the ACAS guidelines, the tribunal can reduce any award by up to 25%.

The Code applies to incidents of misconduct and poor performance, but not redundancy, dismissals or the non-renewal of fixed-term contracts on their expiry.

If following a fair and thorough investigation, where you can show you have taken reasonable efforts to gather evidence and ascertain the facts, you consider there is a disciplinary case against an employee, a disciplinary meeting should be arranged.

Arranging the disciplinary meeting

The first step is to set a date and time to hold the meeting in an appropriate location that allows for privacy and confidential discussion. Your organisation’s disciplinary policy may stipulate guidelines on the date for the hearing to take place. Depending on the complexity of the matter, five working days’ notice for a disciplinary hearing would generally be considered reasonable but in any event, there should be no unreasonable delay while allowing sufficient time for you and the employee to prepare for the meeting. 24 hours notice, for example, is unlikely to be regarded as reasonable.

If the employee is disabled, you should ask if any reasonable adjustments need to be made to the arrangements.

You should then provide the employee with formal, written notification of the disciplinary meeting. In the letter, you should include the details of the hearing time, date and location. The notification should also detail each of the allegations facing the employee, provide copies of evidence that will be referred to or relied on, inform of the employee’s right to be accompanied and also explain the potential sanctions or disciplinary they could face, such as a formal warning or dismissal.

Can you suspend the employee?

In many disciplinary cases, particularly in relation to alleged acts of gross misconduct, employers may consider whether suspension of the employee would be appropriate.

Suspension – even where on full pay – can give cause to unfair dismissal claims or if an employee resigns as a result of the suspension they may be able to claim constructive dismissal. As such, suspension should not be used as an immediate response and any decision to suspend an employee must be taken carefully.

If suspending an employee, you will need to be able to show you acted reasonably in the circumstances and that the suspension did not breach the implied terms of trust and confidence under the employment contract.

This could mean the decision to suspend the employee was due to reasons such as allowing for a fair investigation to take place or to protect other employees while the disciplinary process is pending, where alternative solutions such as changing the employee’s working hours or location temporarily would not be appropriate.

Where you do take the decision to suspend, it should be made clear to the employee that this is not a punitive measure and that the investigation process remains fair and open for an informed decision. You should maintain contact with the employee, reviewing the suspension and to arrange the return to work when appropriate.

Who should attend the disciplinary meeting?

Precisely who should attend the disciplinary meeting will in large part depend on the individual disciplinary case and the business itself but could include:

An independent meeting chair – this should be a manager not involved in the issue or an external consultant

The employee subject to the disciplinary action

HR department representative

The employee’s line manager

A member of staff who will minute the meeting

Trade union representative accompanying

Witnesses called by the employer or employee

Employees have the right to be accompanied by a work colleague, trade union representative or official employed by the trade union where they are facing disciplinary action as a potential outcome of the hearing. You should make them aware of this right when notifying of the date of the hearing. It is at your discretion whether to allow the employee to be accompanied by a family member or friend.

Those accompanying the employee can support with presenting the employee’s case, they can make statements and ask questions on the employee’s behalf, take notes for the employee and provide moral support. They cannot however answer questions for the employee.

Questions to ask at the disciplinary hearing

The disciplinary meeting should be used to discuss the allegations with the employee and to allow the employee the opportunity to respond to the allegations, put forward their case and ask any questions they may have.

The questions you ask will determine in large part the impact of the disciplinary meeting and your ability to make a fair and informed decision on the matter. The specific questions to ask will depend on the individual circumstances of the issue but could cover the following:

Confirmation from the employee regarding the disciplinary procedure and their rights

The employer should clarify that they have done everything possible to make the employer aware of the disciplinary procedure, what is deemed unacceptable behaviour, and what their rights are as an employee.<

Does the employee know why they are at the disciplinary meeting and the possible consequences?

Has the employee received details in writing of the accusation made against them?

Has it been made clear to the employee of the possible disciplinary consequences, e.g. whether the accusation could lead to a warning, demotion or dismissal

Do they understand the accusation being made against them?

Has the employee been given access to the disciplinary procedure?

Are they aware that the behaviour connected with the disciplinary investigation is unacceptable?

Are they aware of their rights as an employee, for instance, to be accompanied to the disciplinary meeting and appeal the decision?

Do they feel that have been given sufficient time to prepare for the disciplinary meeting?

The employee’s response to the allegation(s)

The exact questions to be asked will depend on the kind of accusation that has been made, whether as a result of a grievance from another employee, an issue with the employee’s conduct or performance or if there is alleged gross misconduct. The employee should be asked whether they feel the accusation is valid. Was their conduct unacceptable? Do they feel they are underperforming? Are there mitigating circumstances as to why the situation occurred, for instance, tiredness or ill health leading to making a mistake. Alternatively, do they disagree with the accusation? Ask the employee to explain the events that have led to the accusation. What happened? Who was present? What were the repercussions? Ask the employee to present any evidence they have gathered or call witnesses to support their case. The employee must be given the opportunity to give their side of the story, whether that is to deny the accusation or explain why they behaved in an unacceptable way.<

In answer to evidence

During the meeting, it will be important to examine any witness statements and all other relevant evidence. As you work through the evidence, it may become necessary to ask corresponding questions.

For instance, where CCTV footage is used, “Were you aware of this CCTV camera?” or in answer to a witness, “Can you confirm that your colleague said this to you?”.

Witnesses can also be called to the meeting, and be questions on their recollection of events to help provide further clarity and perspective on the allegations.

Employee’s final comments

At the end of the meeting, once all the evidence has been examined and all questions asked and answered, the employee should be asked if there is anything more they would like to add or ask. This gives the employee the opportunity to react to any evidence or questions that came up during the meeting.

Tips for leading a disciplinary meeting

Take notes

Do not underestimate the importance of taking contemporaneous notes during the meeting. Record the questions that were asked, who asked them and what the response was. Where possible, this responsibility should be assigned to someone who will not be involved in the meeting to ensure focus on the requirement.

Should the matter escalate to a tribunal, the notes may be relied on as a record of the discussion. At the end of the meeting, give the employee the opportunity to check the minutes and sign and date to confirm their agreement.

Electronic recording

In most cases, it would not be possible for either party to insist on recording the meeting on an electronic device, unless both the employer and employee agree (for example if this would support a request for a reasonable adjustment for a disabled employee) or if there is provision for recording within the organisation’s disciplinary policy.

Consider your questioning

Try to make your questioning open-ended to allow the employee to explain and provide detailed responses: “Could you explain what happened… tell us about…”. You want to be satisfied you have a full response before moving on to the next question.

Try to keep the atmosphere professional and curteous, avoiding hostility, aggression and putting pressure on the employee. Also try to stay open-minded and avoid asking leading questions or assuming the answer before it’s given.

Listen to the responses as while you may have a pre-prepared set of questions, the employee’s answers may give rise to new questions to examine.

Breaks

Disciplinary meetings can become stressful for the employee and if necessary, you can pause the session to allow for a short break to recompose and refocus to the matter at hand.

Closing the hearing

The employee should be given the opportunity to confirm that the notes made during the disciplinary meeting are a true reflection of what was discussed. A copy of this record should be forwarded to the employee.

It may be necessary to ask for further information or clarification before a decision can be made. In this case, the investigation will continue and a future disciplinary meeting may need to be arranged.

If all parties are satisfied the hearing has finished, you should adjourn to consider the evidence and come to an informed decision. It is generally not advisable to make a decision at the close of the actual hearing as this may indicate a pre-conceived decision and could give rise to allegations of unfair procedure.

After the disciplinary meeting

The decision on the matter should be made without unreasonable delay following the hearing. This should be confirmed to the employee in writing, whether the decision is in the employee’s favour or if it is against the employee. The notification should detail the outcome and any disciplinary action or sanction that will be taken, for instance, a formal warning, demotion or dismissal.

The letter should also specify the process to appeal the decision should the employee disagree with the decision, if they feel they have been treated unfairly or if they believe the disciplinary process was in any way conducted incorrectly.<

The appeal process should focus specifically on the grounds for complaint identified by the employee and why the employee feels this led to an unreasonable decision and disciplinary action. If the employee has raised concerns about procedural unfairness in the original investigation and hearing, there may need to be a rehearing to discuss the case again.

Do you need help with a disciplinary hearing?

Even in the most perceivably clear-cut of cases where there appears to be overwhelming evidence against an employee to justify disciplinary action, employers must proceed with care. Where a fair process is not followed, the employer is at risk of rendering the disciplinary process unlawful, potentially giving cause for a claim for unfair dismissal.

DavidsonMorris are experienced employment law and HR specialists offering guidance and support to employers in relation to disciplinary proceedings including workplace investigations and hearings. We can also act as an independent chair to ensure impartiality in any disciplinary meeting. For guidance and support in handling disciplinary issues, contact us.

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marymosley · 6 years ago

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Background Checks: How to Clear A Background Check?

Whether you are looking for a job or a house, you have to go through a background check procedure. Background checks help employers and hiring managers to confirm that their potential employee has a clean history.

Several organizations have a condition of clear record for their employees. With poor credit or criminal offenses in your record, you may not get a dream job. It will be good to review your records before applying for a job. It will help you to correct errors or delete your records. For record expungement, you will need a Record Expungement Attorney.

Criminal Records

Contact the federal, state or local agency to get a copy of a rap sheet. It may include police agency of your state, an office of county clerk and FBI. These records contain offenses that must be expunged. You may find duplicate charges or wrong information related to any other person. If you see an error in criminal records, you have to contact designated federal or state agency. To rectify your record, you have to submit specific documents proving inconsistencies in your record.

Credit Report

Under the Fair Reporting Act, you can get a copy of your credit report from every credit reporting organization once a year. These reports list closed or paid off accounts. In the case of identity theft, the report contains particular errors you may not discover unless you check this record. You can’t ignore even small mistakes because these can endanger your chances of getting your dream job. Make sure to address each error in your credit report. After exposing mistakes, you have to submit an official dispute to respected credit agency along with supporting documentation.

Personnel Records

Several employers may contact your previous employer while checking your background. They may speak to anyone from HR (human resources) who will know you from a personnel file. If the law of your state allows you to access this file, you can ask them to check the file first. If you find errors, ask them to rectify the wrong information. If you have a copy of your performance reviews and other relevant documents, make sure to submit these documents to them. Feel free to present these documents to a potential employer to ensure that they don’t assess you from wrong information.

Miscellaneous Considerations

Some employers contact the listed references to find more information about professional qualifications and character. Your listed references may include your neighbors, friends, and colleagues. They can check your online profiles, so make sure to remove any damaging thing from your social profiles. Get the advantage of third-party services for a background check. You have to review your online profiles, talk to your references and check official records to get a good job.

Types of Background Checks

Here are some essential things that a potential employer check before hiring an employer:

Credit Check

These checks are essential to look at the credit history. Employers can perform these checks with the express permission of a subject of a test. The credit history of a person is a compilation of reports by major credit agencies (Equifax, TransUnion, and Experian). You can get their reports once a year. Credit checks prove the credibility of a person for payment of rent. With the help of credit reports, you can check the level of fiscal responsibility of a person. A person with a good credit score is responsibly managing his life and finances responsibly.

Driving Record

Driving is another component that plays a vital role in your credit history. Employers can run a driving record check because they want to choose a safe driver for their office. Driving record of each person or motor vehicle report (MVR) includes:

Traffic accidents

Status of driver’s license

Points for driving record

Convictions and fines for violation of traffic laws

Incidents of law violations

The public record of DUI

Whether the driver’s license is valid, canceled or suspended

Education Verification

It is an alarming sign for resume exaggerators. Potential employers can check the facts and match them with your resume. They can check your educational history. This check is essential to deny or confirm that you have received the education mentioned in the resume. This type of checking is not available with regular background checks. The hiring manager can receive this information from your university.

Reference Check

Several candidates provide references at the end of their resume. Potential employers can call on these numbers to check facts and learn more about your past performance. If you want to mention references, make sure to reach out them and inform them that they can get calls from their potential employer.

Drug Screening

These tests are essential to determine the involvement of a person in illegal drugs. This type of analysis requires special permission and prior notice. These are the self-explanatory test because if the use of a drug is proved, it will be shown in the test. Latest technologies are available to perform these tests without the knowledge of a person. Specific forensic surface tests may identify the amount of substance on a surface that is ideal to know if a person is using illegal substances.

Employment Application and Social Security Number Checks

These are simple checks by employers for the verification of personal information of a potential employee. These checks will determine either a person is sharing his correct details. Employers perform these checks with available data, such as social security number. They evaluate this information to find out if a person is eligible to work with them.

Federal, State and County Criminal Checks

Each background check is different and needs permission from applicants. A criminal inspection reveals the status of criminal history. These are known as rap sheets and contain offenses at federal, state and country level. Several background checks may become deficient in the criminal area. Criminal databases are countless. Rap sheets include the records of:

Felony convictions

Misdemeanor convictions

Warrants

Past arrests

Dismissed charges

Current pending charges

Acquitted charges

This background check may get prospective employees and employers in trouble. Several criminal checks don’t check databases and miss out state offenses. They can match the wrong crimes with a wrong person; even mark a clean person with false convictions.

Civil Judgements and Liens Check

A law imposes a lien on a property to secure the payment for debts, while municipal judgments are ruling in the law pertaining court to non-criminal subjects. Employers can check if you have liens or judgments. Checking the fiscal responsibility of an employee is important. If a person doesn’t have outstanding debts or judgment, he is living a stable life.

Employers may not conduct all checks, but keep it in mind that any negative information can come time light. If you owe money because of a civil judgment, it may become a part of your credit report.

If you can get the advantage of record expungement or seal, make sure to apply for it before sending a job application. Record sealing or expungement is a procedure of requesting that law enforcement companies and courts destroy, seal or modify criminal records. With a criminal record, you can’t get a good job and real estate license. After expunging your records, you will be able to get the advantage of countless opportunities.

After an expungement, your record related to conviction and arrest will be sealed. It is difficult to tell the time frame for the expungement procedure. It may take almost six months or even more. Some records are difficult to locate so these will take more time. Try to hire an experienced record expungement attorney. If you are on probation or have pending unauthorized charges, you can’t apply for expungement.

Unfortunately, some felony convictions can’t be expunged. The felony convictions that can be expunged are drug felonies of class D. For other felonies; it doesn’t matter if your charges are 20, 30 and even 40 years old. Allegations of a felony can be dismissed with prejudice, or you were proved innocent. Offenses that involve children or crimes of sexual nature can’t be expunged. Each state has its own policy for their removal. Moreover, traffic violations are difficult to expunge.

If your charges are dismissed from court, you can apply for an expungement. Every application must meet statutory requirements. A judge may not grant you expungement. You have to prove that your expungement is in the best interest of your state. An expungement motion will not remote all charges, but it is valid for specific charges.

After receiving expungement orders from the court, you can deny the previous convictions. Potential employer or landlord can’t access your criminal history after its successful expungement. You can ensure that your criminal charges are erased and not available for the public by performing a record check. It is safe to check your criminal records before sending a job application. You will need a record expungement attorney to present your case in the court. Start with this attorney.

Address:

“Record Expungement Attorney

4000 MacArthur Blvd 6th

Floor #622 East Tower

Newport Beach, CA 92660

714-627-5727

https://www.orangecountyexpungement.com“”

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divorceyourring · 6 years ago

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Biglaw Partner Suspended For Watching Porn At Work

It’s not every day that a Biglaw partner gets suspended for watching porn in his office, but today is apparently that day.

It seems that Hogan Lovells has disciplined an unnamed partner in its London office after he was caught watching an adult video while he was on the clock — and it wasn’t the firm’s IT department that made the illicit discovery. According to RollOnFriday, an attorney at the law firm Irwin Mitchell, which is located directly across a narrow street from HoLove, looked out the window and witnessed the Biglaw partner misbehaving at his desk. The Irwin Mitchell lawyer then whipped out a cellphone, filmed the partner in question as he indulged in adult activities at his desk, and sent the video to the Hogan Lovells HR team. Sources at the firm told RollOnFriday that this was a case of “Hogan (Self) Lovells,” which makes the situation all the worse.

Hogan Lovells has launched an investigation into this partner’s predilection for pornography. “We were made aware of an individual in our office misusing their computer to watch adult material,” a Hogan Lovells spokesperson said in a statement given to ALM International. “Such behavior is unacceptable and we have suspended them pending a full internal investigation.” Here are more details from the firm:

“We didn’t block access to websites unless they represented a cybersecurity risk (e.g. they have malware on them),” the spokesperson said. “The nature of our work for clients sometimes means we need to carry out investigations in areas which require us to have flexible access. We have reviewed and tightened this policy.”

We’re not sure what’s more disgusting, the fact that a Biglaw partner may have been masturbating at his desk while watching porn at work, or the fact that a voyeur lawyer from a firm across the street watched the act as it happened, decided to film it, and then distributed another form of porn to Hogan Lovells. As an FYI for all parties who were involved in this gross scenario, you’re supposed to be performing pro bono work in your spare time, not pro boner work. You’re all gross. We seriously hope this helps!

EXCLUSIVE Hogan Lovells partner suspended after rival lawyer films him watching porn [RollOnFriday] Hogan Lovells Suspends London Partner for Watching Porn at Work [ALM International]

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

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alanafsmith · 6 years ago

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Hogan Lovells partner suspended after Irwin Mitchell lawyer filmed him watching porn in his office from across the street

Reported him to HR

Irwin Mitchell’s office (left) and Hogan Lovells’ office (right)

A partner in Hogan Lovells‘ London office has been suspended after a lawyer at a rival firm reported him for allegedly watching porn at his desk.

The awkward incident is said to have occurred on Monday morning when a lawyer at Irwin Mitchell looked out of their office window overlooking the partner’s desk. Images courtesy of Google (above and below) show that the two firm’s London bases are only separated by a narrow lane.

A satellite image showing the close proximity of the two offices

Shocked at what he (or she) was witnessing, RollOnFriday reports that the Irwin Mitchell lawyer whipped out their mobile phone and began filming the unnamed partner, who had his back to the window, before reporting the incident to Hogan Lovells’ HR staff.

A spokesperson for Hogan Lovells said: “We were made aware of an individual in our office mis-using their computer to watch adult material. Such behaviour is unacceptable and we have suspended them pending a full internal investigation.”

As for how the partner allegedly accessed the porn on his work computer in the first place, the spokesperson added:

“We didn’t block access to websites unless they represented a cybersecurity risk (e.g. they have malware on them). The nature of our work for clients sometimes means we need to carry out investigations in areas which require us to have flexible access. We have reviewed and tightened this policy.”

Irwin Mitchell declined to comment.

The post Hogan Lovells partner suspended after Irwin Mitchell lawyer filmed him watching porn in his office from across the street appeared first on Legal Cheek.

from All About Law https://www.legalcheek.com/2018/11/hogan-lovells-partner-suspended-after-irwin-mitchell-lawyer-filmed-him-watching-porn-in-his-office-from-across-the-street/

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fayeburnsus · 6 years ago

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Hogan Lovells partner suspended after Irwin Mitchell lawyer filmed him watching porn in his office from across the street

Reported him to HR

Irwin Mitchell’s office (left) and Hogan Lovells’ office (right)

A partner in Hogan Lovells‘ London office has been suspended after a lawyer at a rival firm reported him for allegedly watching porn at his desk.

A satellite image showing the close proximity of the two offices

As for how the partner allegedly accessed the porn on his work computer in the first place, the spokesperson added:

Irwin Mitchell declined to comment.

The post Hogan Lovells partner suspended after Irwin Mitchell lawyer filmed him watching porn in his office from across the street appeared first on Legal Cheek.

from Legal News And Updates https://www.legalcheek.com/2018/11/hogan-lovells-partner-suspended-after-irwin-mitchell-lawyer-filmed-him-watching-porn-in-his-office-from-across-the-street/

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davidchanus · 6 years ago

Text

Hogan Lovells partner suspended after Irwin Mitchell lawyer filmed him watching porn in his office from across the street

Reported him to HR

Irwin Mitchell’s office (left) and Hogan Lovells’ office (right)

A partner in Hogan Lovells‘ London office has been suspended after a lawyer at a rival firm reported him for allegedly watching porn at his desk.

A satellite image showing the close proximity of the two offices

As for how the partner allegedly accessed the porn on his work computer in the first place, the spokesperson added:

Irwin Mitchell declined to comment.

The post Hogan Lovells partner suspended after Irwin Mitchell lawyer filmed him watching porn in his office from across the street appeared first on Legal Cheek.

from Legal News https://www.legalcheek.com/2018/11/hogan-lovells-partner-suspended-after-irwin-mitchell-lawyer-filmed-him-watching-porn-in-his-office-from-across-the-street/

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nathanielburgos · 5 years ago

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Disciplinary Hearing (A Guide for Employers!)

7 minute read

Last updated: 15th October 2019

This article covers:

The role of the disciplinary hearing

Arranging the meeting

Suspending the employee

Who should attend the disciplinary hearing?

Questions to ask at the disciplinary meeting

Tips for leading the meeting

After the disciplinary meeting

The role of the disciplinary hearing

The Code applies to incidents of misconduct and poor performance, but not redundancy, dismissals or the non-renewal of fixed-term contracts on their expiry.

Arranging the disciplinary meeting

If the employee is disabled, you should ask if any reasonable adjustments need to be made to the arrangements.

Can you suspend the employee?

In many disciplinary cases, particularly in relation to alleged acts of gross misconduct, employers may consider whether suspension of the employee would be appropriate.

Who should attend the disciplinary meeting?

Precisely who should attend the disciplinary meeting will in large part depend on the individual disciplinary case and the business itself but could include:

An independent meeting chair – this should be a manager not involved in the issue or an external consultant

The employee subject to the disciplinary action

HR department representative

The employee’s line manager

A member of staff who will minute the meeting

Trade union representative accompanying

Witnesses called by the employer or employee

Questions to ask at the disciplinary hearing

Confirmation from the employee regarding the disciplinary procedure and their rights

Does the employee know why they are at the disciplinary meeting and the possible consequences?

Has the employee received details in writing of the accusation made against them?

Has it been made clear to the employee of the possible disciplinary consequences, e.g. whether the accusation could lead to a warning, demotion or dismissal

Do they understand the accusation being made against them?

Has the employee been given access to the disciplinary procedure?

Are they aware that the behaviour connected with the disciplinary investigation is unacceptable?

Are they aware of their rights as an employee, for instance, to be accompanied to the disciplinary meeting and appeal the decision?

Do they feel that have been given sufficient time to prepare for the disciplinary meeting?

The employee’s response to the allegation(s)

In answer to evidence

During the meeting, it will be important to examine any witness statements and all other relevant evidence. As you work through the evidence, it may become necessary to ask corresponding questions.

For instance, where CCTV footage is used, “Were you aware of this CCTV camera?” or in answer to a witness, “Can you confirm that your colleague said this to you?”.

Witnesses can also be called to the meeting, and be questions on their recollection of events to help provide further clarity and perspective on the allegations.

Employee’s final comments

Tips for leading a disciplinary meeting

Take notes

Electronic recording

Consider your questioning

Listen to the responses as while you may have a pre-prepared set of questions, the employee’s answers may give rise to new questions to examine.

Breaks

Disciplinary meetings can become stressful for the employee and if necessary, you can pause the session to allow for a short break to recompose and refocus to the matter at hand.

Closing the hearing

After the disciplinary meeting

Do you need help with a disciplinary hearing?

The post Disciplinary Hearing (A Guide for Employers!) appeared first on DavidsonMorris.

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nathanielburgos · 5 years ago

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How to Lead A Disciplinary Meeting

7 minute read

Last updated: 15th October 2019

Under ACAS guidelines, before an employer can dismiss or sanction an employee for a disciplinary issue, the employer should first hold a disciplinary meeting with the employee. The meeting must be managed correctly to avoid allegations that the employer failed to handle the disciplinary process fairly or lawfully. We look at how employers should prepare for a disciplinary meeting.

This article covers:

The role of the disciplinary meeting

Arranging the meeting

Suspending the employee

Who should attend the disciplinary hearing?

Questions to ask at the disciplinary meeting

Tips for leading the meeting

After the disciplinary meeting

The role of the disciplinary meeting

The ACAS Code of Practice sets out standards for employers to meet when managing disciplinary issues. Under the guidelines, a disciplinary meeting, or hearing, should be held as part of an employer’s fair and lawful procedure when handling and investigating a workplace disciplinary issue.

The Code applies to incidents of misconduct and poor performance, but not redundancy, dismissals or the non-renewal of fixed-term contracts on their expiry.

Arranging the meeting

The first step is to set a date and time to hold the meeting in an appropriate location that allows for privacy and confidential discussion. Your organisation’s disciplinary policy may stipulate guidelines on the date for the meeting to take place. Depending on the complexity of the matter, five working days’ notice for a disciplinary hearing would generally be considered reasonable but in any event, there should be no unreasonable delay while allowing sufficient time for you and the employee to prepare for the meeting. 24 hours notice, for example, is unlikely to be regarded as reasonable.

If the employee is disabled, you should ask if any reasonable adjustments need to be made to the arrangements.

Can you suspend the employee?

In many disciplinary cases, particularly in relation to alleged acts of gross misconduct, employers may consider whether suspension of the employee would be appropriate.

Who should attend the disciplinary meeting?

Precisely who should attend the disciplinary meeting will in large part depend on the individual disciplinary case and the business itself but could include:

An independent meeting chair – this should be a manager not involved in the issue or an external consultant

The employee subject to the disciplinary action

HR department representative

The employee’s line manager

A member of staff who will minute the meeting

Trade union representative accompanying

Witnesses called by the employer or employee

Questions to ask at the disciplinary hearing

Confirmation from the employee regarding the disciplinary procedure and their rights

Does the employee know why they are at the disciplinary meeting and the possible consequences?

Has the employee received details in writing of the accusation made against them?

Has it been made clear to the employee of the possible disciplinary consequences, e.g. whether the accusation could lead to a warning, demotion or dismissal

Do they understand the accusation being made against them?

Has the employee been given access to the disciplinary procedure?

Are they aware that the behaviour connected with the disciplinary investigation is unacceptable?

Are they aware of their rights as an employee, for instance, to be accompanied to the disciplinary meeting and appeal the decision?

Do they feel that have been given sufficient time to prepare for the disciplinary meeting?

The employee’s response to the allegation(s)

In answer to evidence

During the meeting, it will be important to examine any witness statements and all other relevant evidence. As you work through the evidence, it may become necessary to ask corresponding questions.

For instance, where CCTV footage is used, “Were you aware of this CCTV camera?” or in answer to a witness, “Can you confirm that your colleague said this to you?”.

Witnesses can also be called to the meeting, and be questions on their recollection of events to help provide further clarity and perspective on the allegations.

Employee’s final comments

Tips for leading a disciplinary meeting

Take notes

Electronic recording

Consider your questioning

Listen to the responses as while you may have a pre-prepared set of questions, the employee’s answers may give rise to new questions to examine.

Breaks

Disciplinary meetings can become stressful for the employee and if necessary, you can pause the session to allow for a short break to recompose and refocus to the matter at hand.

Closing the meeting

After the disciplinary meeting

Do you need help with a disciplinary meeting?

The post How to Lead A Disciplinary Meeting appeared first on DavidsonMorris.

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