How to conduct a disciplinary – an employer checklist

Date: Wednesday, 6th March, 2019

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.

  1. Ensure that someone who is not involved in the case is appointed to take notes on the proceedings.
  2. Outline the procedure to be followed during the hearing and introduce the parties taking part.
  3. Set out the case against the employee.
  4. 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.
  5. Conclude the hearing or adjourn it if new matters are raised that need investigating.
  6. Weigh up the evidence and decide whether or not a disciplinary sanction is appropriate and, if so, what it should be?
  7. 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.

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