A disciplinary hearing is a regular meeting called by an owner. Such hearings take place after the investigation and inquiry. During which the employer presents the case initiated against the worker. The result of such a hearing can be no formal action, a written warning or also termination. In some cases, if you are subject to a professional organisation. Your employer may inform you of that body in order to have your credentials provisionally or forever removed. How to Conduct Disciplinary Hearing.
Employees need to attend disciplinary case because either an accusation of wrongdoing has been made against them. Or their employer has concerns about their performance or both. The employer could, for example, have called a meeting to examine a complaint by a co-worker, manager, service user, patient or customer. Conversely, the employer itself may have problems it wishes to address. Irrespective of the cause, its motivation or legitimacy. It is usually difficult for an employee-facing such action, and to do so – alone.
Rights of Employee
In the event your employer takes disciplinary action against you, you have the Statutory Right to be accompanied to the hearing. This right enables you to be brought by a colleague or a Trade Union Official. You have this right despite whether your employer identifies the trade union you are a member of, or indeed any trade union.
Taking a co-worker into a hearing may be useful to provide moral backing; and although it’s common for a work colleague to be sympathetic to the situation of the person undergoing the hearing. They are however often opposed to “rock the boat” in matters relating to their own employment.
Also, Read Campbell Ewald Company v. Gomez Case Study
When to fix a disciplinary hearing
- After an inquiry, an owner decides that there is a disciplinary case for an employee to respond. A disciplinary hearing shall arrange.
- The first part of the arrangement for the disciplinary hearing is to fix a date and time to hold the disciplinary hearing. And arrange a proper, private venue.
- The date set for the disciplinary hearing should be in order with your disciplinary procedure and give you and the employee ample time to prepare. If the disciplinary policy doesn’t state the number of day’s notice to be given, make sure you provide reasonable time to prepare.
- Depending on how complicated the inquiry was and how much information it is for you to think. Usually, five working days’ notice for a disciplinary hearing is enough. You should also arrange for a note-taker to assist you at the disciplinary hearing.
It is significant that the employee shall provide with the chance to put his or her case forward in reply to the accusations. And that a fair method has to follow when preparing for and conducting the disciplinary hearing.
Following are steps to take while fixing a disciplinary hearing
- First, you must invite the employee to appear before a hearing in writing.
- Employers cannot ask an employee into the office for a disciplinary hearing immediately following an occurrence at work. You should make sure there is enough time between sending the invite letter and taking the meeting. The employee should give a fair period of time to examine the allegations and evidence. And to make ready for his case for the meeting.
- The invite letter must include the details of the accusations and all the proof you intend to reply on. If a possible result is a dismissal, then this must be made clear.
- You should notify the employee of their right to be accompanied to the meeting by a trade union representative or a colleague.
- If there is disable employee, you should check whether any reasonable adjustments need to make to the arrangements.
- An employee must give a fair chance at a hearing to put their case forward. And ask questions and provide an answer for any accusations against them. Even if employers think they have all the evidence already necessary to dismiss an employee, you must listen to their evidence and hear their reasons.
Facing a disciplinary hearing can be one of the most pressurise employment situations encountered through your working career. A negative result in a disciplinary hearing has the potential to ruin careers and more.