{"id":176973,"date":"2022-10-12T12:17:20","date_gmt":"2022-10-12T11:17:20","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=176973"},"modified":"2022-10-26T05:40:38","modified_gmt":"2022-10-26T04:40:38","slug":"employee-disciplinary-meeting","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/employment\/employee-disciplinary-meeting\/","title":{"rendered":"What Happens in an Employee Disciplinary Meeting in England?"},"content":{"rendered":"

If you believe an employee has breached a <\/span>company policy<\/span><\/a> or otherwise acted inappropriately, you may need to initiate a disciplinary meeting. You should conduct the disciplinary meeting as part of your business\u2019 wider disciplinary procedure. Holding a meeting allows you to discuss the alleged misconduct or performance issue with the relevant employee and determine an appropriate course of action. <\/span>This article will explain what you as an employer should know about conducting a disciplinary meeting with an employee in England.\u00a0<\/span><\/p>\n

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What is a Disciplinary Meeting?<\/span><\/h2>\n

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A disciplinary meeting \u2014 also called a disciplinary hearing \u2014 is a formal meeting you convene with an employee to address their conduct in the workplace which you believe violates certain workplace policies. You should treat a disciplinary meeting as one aspect of a wider disciplinary policy your business should have in place, which you make available to all your employees.\u00a0<\/span><\/p>\n

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Best practice dictates that you should only convene a disciplinary meeting after you have carried out an <\/span>investigation<\/span><\/a> into the conduct issue with your employee. Importantly, you should refrain from deciding on any further disciplinary action until after the meeting. This ensures that your employee is afforded a fair hearing and reduces the risk that they might later try and initiate a claim against you at an employment tribunal.\u00a0<\/span><\/p>\n

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You should only hold a disciplinary meeting where your investigation reveals an employee has a case to answer. In other words, you should not convene a disciplinary meeting without good cause or reason. To avoid the appearance of bias, where possible, a different person should chair the meeting from the one who investigated.\u00a0<\/span><\/p>\n

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The meeting should occur within a reasonable time after you complete the investigation to permit the employee a reasonable period to prepare for the meeting. It should also be at a reasonable place and time.<\/span><\/p>\n

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Further, be aware of and follow the rules laid out in the <\/span>Acas Code of Practice on disciplinary and grievance procedures<\/span><\/a>. Although the Acas Code is not law, it is best practice to follow these rules. In the event your dispute escalates and reaches an employment tribunal, your case will be stronger if you can demonstrate that you followed the Acas Code.<\/span><\/p>\n

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The Right to Be Accompanied<\/span><\/h2>\n

Your employee has a legal right to bring certain companions to the disciplinary meeting. Likewise, they must notify you within a reasonable time of their intent to do so.\u00a0<\/span><\/p>\n

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Only individuals with certain relationships can accompany the employee to the meeting, including:<\/span><\/p>\n

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