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Handling disciplinary matters as an employer can be stressful. It is recommended to follow a fair disciplinary procedure that mirrors the Acas Code of Practice on disciplinary and grievance procedures. A disciplinary hearing or disciplinary meeting is a formal meeting where you and your employee can express your issues concerning the alleged disciplinary action of your employee. It is an opportunity to listen to each other. This is a requirement as part of ensuring that your procedure is fair and lawful. This article will explain what you, as an employer, need to know about disciplinary hearings in England and Wales.
When to Carry Out a Disciplinary Hearing?
You must complete a disciplinary investigation when you suspect your employee has engaged in poor conduct. Consequently, if the disciplinary investigation reveals that they have engaged in poor conduct, you should hold a disciplinary hearing. This hearing should occur as soon as possible after your investigation, bearing in mind that you must allow your employee time to prepare for it. Five working days’ notice is a reasonable timeframe.
Therefore, you should write to your employee in good time before the meeting is due. Your letter should state:
- when and where the meeting will be (your policies might have details regarding this), and you are requested to ensure the place and time is reasonable;
- what the alleged discipline issue is;
- any other information you may wish to discuss;
- the evidence you have gathered from your investigation;
- potential outcomes of the disciplinary hearing; and
- that your employee has a legal right to be accompanied.
The Right to Be Accompanied
Your employee has a legal right to be accompanied to a disciplinary hearing. They can be accompanied by a relevant person named a ‘companion’. A companion can be either a:
- work colleague;
- trade union official; or
- trade union representative at work who is trained to act as a companion.
If you wish, you can allow them to have a companion who does not meet the above criteria, depending on their employment contract.
The role of the companion is to:
- detail your employee’s side of the story;
- take notes for them;
- speak on behalf of the employee regarding points made but not answer questions for them unless you allow this; and
- have discussions with your employee during the hearing.
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What Happens During a Disciplinary Hearing?
When holding the disciplinary meeting, you should ensure that someone takes notes. You may need to recall these notes if your employee takes you to an employment tribunal. The person you ask to do that should be unbiased and act as a witness to the meeting.
In a disciplinary hearing, you should firstly:
- set out any housekeeping in terms of the meeting, such as comfort breaks;
- tell your employee what the disciplinary issue is; and
- let your employee know what evidence you have gathered.
You must allow your employees a chance to respond in terms of:
- telling you their side of the story;
- answering to the allegation;
- presenting their evidence to you;
- presenting witnesses;
- responding to witnesses; and
- asking relevant questions.
It is not advisable to decide at the end of the meeting on the following actions but to give your employee an indication of when you will likely decide these or whether you intend to carry out further investigations and discussions. However, you should carry out a decision or further action without reasonable delay.
Key Takeaways
Following a fair disciplinary procedure mirrors the Acas code. You must hold a disciplinary hearing, and not doing so means not carrying out a fair procedure. There are rules for disciplinary meetings. Let your employee know about their rights to be accompanied and ensure that you inform them about the hearing in writing within a reasonable time.
If you need help understanding disciplinary hearings in England and Wales, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A disciplinary hearing is a meeting as part of your disciplinary procedure to allow employees to express their case and to listen to one another. It occurs after you have carried out a disciplinary investigation to see if there is a case to answer for.
Your employee has the right to be accompanied to a disciplinary meeting by a companion. A companion can be either a work colleague, a trade union official or someone that represents the trade union and who has had the training to act in this capacity.
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