Disciplinary Hearings

Disciplinary Hearings

DISCIPLINARY HEARINGS ELAS TOPIC GUIDES

HEALTH&SAFETYMANAGEMENTCONSULTANTS

I NEED TO CONDUCT A DISCIPLINARY HEARING, WHAT SHOULD I DO?

The first thing you must do is conduct a rounded investigation . This should be where you fact find in order to find out exactly what happened, exploring all the facts and possibilities. It should not be a witch-hunt aimed at only finding out evidence about the person who is subject to investigation.

CONDUCT AN INVESTIGATION

WHAT DOES THE INVESTIGATION INCLUDE? The investigation often involves holding meetings with the person who is under investigation and witnesses; there is no need to give advance notice and there is no statutory right to be accompanied unless your company policy states so.

WHAT HAPPENS NEXT? Following on from the investigation, the employee should be invited in writing to the disciplinary hearing.

WHAT DO I NEED TO INCLUDE IN THE INVITE? You must ensure the employee receives the invite with atleast 48 hours advance notice . You must include a clear date , time and location of the meeting. You need to make clear who will be chairing the meeting, the allegations against them (clearly spelled out with dates, times and details) and forewarning of the possibility of dismissal in cases of gross misconduct or if the employee is already on a final warning. You must enclose all the evidence within this letter.

PLACE

DATE

TIME

WHY IS THE HEARING IMPORTANT?

The hearing is important because it is your chance to go through the allegations and evidence with the employee who is subject to the investigation whilst taking the comments on board. No decision should be made in the hearing, instead you should take the comments away and consider the following: • If the employee denies the allegations, do you think they did it? • If so, why? Be clear on your reasons and be ready to explain and justify your reaons • Is there any mitigation? • What do you think the outcome should be? • Why should this be the outcome?

You must ensure you give the employee the right to appeal and to have the matter reconsidered or reviewed by another manager.

WANT TO KNOWMORE?

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HEALTH&SAFETYMANAGEMENTCONSULTANTS