Top Tips on Disciplinary Hearings

If you are an employer holding a disciplinary hearing:

1. Before taking any formal action, always consider whether a formal investigation and disciplinary proceedings are necessary. Would an informal chat resolve the problem?

2. Always perform a reasonable and thorough investigation.

3. Ensure you set out all the points you need to cover clearly at the start of a disciplinary meeting, including relevant evidence.

4. Keep a record of what is said in the meeting. If necessary, identify someone who can be a designated ‘note taker’.

5. Always comply with the principles of fairness set out in the Acas Code of Practice on Disciplinary and Grievance Procedures.

If you are an employee attending a disciplinary hearing:

1. Take an appropriate companion to the meeting where this is offered and available.

2. Ask your companion to take a note of what is said.

3. Where relevant, make sure that you ask questions about the evidence that is being presented.

4. At the conclusion of the meeting ask the employer for a specific date when you can expect a response or decision.

5. Ask for a copy of the notes made by HR of what has been said in the meeting.

If you have questions about disciplinary hearings or other employment disputes, please contact Shohaab Dar on sdar@faranitaylor.com.

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