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Below, we explain how to conduct a disciplinary hearing in detail while also answering some of the most frequently asked questions about disciplinary hearings.
What is a disciplinary hearing?
A disciplinary hearing is a final, formal meeting held between an employer and a staff member to discuss unwanted or inappropriate workplace behaviour.
At its conclusion, a decision will be made as to whether and what action should be taken to correct the unwanted or inappropriate behaviour.
Why are disciplinary hearings important?
Disciplinary hearings are essential for ensuring the employee under investigation has an opportunity to present evidence in their defence and respond to the charge against them.
During this hearing, they are also able to present witnesses and provide answers to questions before a decision is made by the employer.
Does an employee have to attend a disciplinary hearing?
No, an employee does not have to attend a disciplinary hearing, but it is often in their best interest to do so. If the employee cannot make the date due to sickness, or for another reason outside of their control, they can ask you to postpone the disciplinary hearing for up to five working days.
Can HR ask questions in a disciplinary hearing?
Yes, HR departments are often involved in disciplinary hearings to help facilitate a fair, calm, and open discussion between the employee and employer. While they can ask questions on behalf of the company, they are not allowed to answer for the employee.
How to conduct a disciplinary hearing
If you feel as though a disciplinary hearing is in order, it’s important to conduct it in the appropriate manner to ensure any action taken (if necessary) following the hearing is deemed fair and legal. This can help to prevent costly and time-consuming court action in the future.
Conduct an investigation
Before you even consider holding a disciplinary hearing, it’s essential that you carry out a full investigation into the alleged poor performance or employee misconduct first. You should collect any relevant evidence such as emails, receipts, paperwork, computer records, CCTV footage, and attendance records.
It’s worth noting, however, that all this information must be collected in accordance with the law and with respect for the employee’s right to privacy.
Arrange a disciplinary hearing
Once you’ve collected enough evidence to support a disciplinary hearing, you should provide the employee with plenty of notice of the hearing (typically five working days). The employee should also be made aware of any information regarding the alleged behaviour such as a description of the issue itself and the evidence.
Crucially, they should also be informed of their rights alongside the date and time of the disciplinary hearing.
Employer’s disciplinary hearing role
To kick off the meeting, the employer will usually begin by explaining the alleged misconduct or performance issue to all in attendance. Typically, the employer will have the employee’s line manager present and an individual from HR. A discussion of gathered evidence will then take place.
Employee’s disciplinary hearing role
Once the employer has set out their evidence, the employee should have the chance to respond to the allegations, ask their own questions, and submit any evidence. They can also ask relevant witnesses to attend the disciplinary hearing in their defence and can ask a companion to join, too.
A discussion can then take place to ensure the matter has been fully covered, with the hearing itself often lasting between 30 minutes to an hour.
After the disciplinary hearing
Following the disciplinary hearing, the employer should ensure a written record of any notes taken within the meeting is created. The employee should then be notified of the next steps and when they can expect a decision regarding the alleged behaviour/poor performance.
Contact NORi HR today
If you’d like to learn more about disciplinary hearings or require support with other areas of HR and Employment Law, then don’t hesitate to get in touch with the team at NORi HR today.
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