Every employer should have a disciplinary procedure that is outlined to employees at the start of their employment. If an employer does not have a disciplinary procedure, the Statutory Disciplinary Procedure will apply.
Minor misconduct or unsatisfactory performance will usually be dealt with in the form of an informal discussion. This may result in an oral or written warning, but there is no requirement to follow a disciplinary procedure if this is the case. For more serious matters, formal procedures must be followed.
If you are under investigation or asked to attend a disciplinary hearing, it is important to be aware of the process and your employment rights. Being prepared can help to resolve issues and maintain a working relationship with your employer.
If you are asked to attend a disciplinary hearing, you have the right to be accompanied by either a work colleague or a trade union representative. However, currently there is no legal right to be accompanied to an investigatory hearing, although some employers may allow for this.
If the alleged offence means that being in work may affect your performance or that of your colleagues, your employer may suspend you pending a disciplinary hearing. However, this is not considered as disciplinary action and does not mean that a decision has already been made.
Whilst you are suspended (often referred to as Garden Leave) you will continue to be paid your basic wage. During this time, your employer will investigate the alleged offence in preparation for your hearing.
Your employer should inform you, in writing, of your required attendance at a disciplinary hearing. This should include sufficient information about the alleged misconduct or poor performance and possible consequences to allow you to prepare for the case. You should also be informed of the date, time and location of the hearing and who will be in attendance.
At the hearing, make sure that you listen carefully to the questions and comments raised and address each point. If new evidence is produced, you are entitled to request an adjournment to consider this information. You should read through the minutes of the meeting and sign these to confirm your agreement.
Your employer may or may not give you their decision after the hearing, but you should be advised of when you can expect to be informed of the outcome. Your employer should always confirm their decision in writing, detailing your rights to appeal.
If you need advice about an employment matter,
contact Legal Advice Helpline on 0845 600 6980 to speak to one of our specialist advisors about employment law.