If as an employer you decide that there is a disciplinary case for an employee to answer, which can relate to performance, attendance, misconduct, to name but a few, then a disciplinary hearing should be arranged.
It is important that the employee is given the chance to put their case forward in response to the allegations, and that a fair process is followed when preparing for, and conducting, the hearing.
Here, we set out a checklist that employers need to follow to ensure that disciplinary hearings are conducted fairly.
Ensure that the basic principles of fairness are followed throughout the disciplinary procedure.
- Ensure that someone who is not involved in the case is appointed to take notes on the proceedings.
- Outline the procedure to be followed during the hearing and introduce the parties taking part.
- Set out the case against the employee.
- Ask the employee questions to ascertain the facts of the case and allow him or her a full and fair opportunity to state their side of events, explain his or her conduct and state any mitigating factors.
- Conclude the hearing or adjourn it if new matters are raised that need investigating.
- Weigh up the evidence and decide whether or not a disciplinary sanction is appropriate and, if so, what it should be?
- Inform the employee of the decision, the reasons for it and their right to appeal.
Remember, this is a formal process and must be followed correctly to avoid potential costly repercussions for your business!
If you have read the above and feel a bit out of your depth with whole process, get in touch, we can help you resolve any disciplinary issues, whilst supporting your employees and minimising any risk to your business.