The 12 DOs and DON’Ts of Disciplinary Hearings

Do…

1. Ensure that your investigation of the disciplinary issues is thorough and that all investigation material is sent to the employee in the disciplinary bundle with the disciplinary letter.

2. Agree how the meeting is to be recorded with the employee before the meeting, and ensure a copy of this record is sent to the employee for his approval before any further action is taken.

3. Frequently quote the documents in the disciplinary bundle; it helps to keep the hearing focussed on the core issues of the disciplinary. 

4. Take your time, neither of you should feel rushed in this meeting; it should be a dialogue between the parties to show that the employer has engaged in a meaningful discussion considering all the employee’s issues.

5. Adjourn the hearing to consider any new evidence that may be presented during the hearing; the employer must consider all the evidence before making a decision.

6. Treat the hearing and all correspondence as if the matter is to be litigated and you will have to justify your actions before a Tribunal, it does help to focus the mind.

Do Not…

7. Allow the employee to be accompanied to the meeting by a solicitor; regardless of whether either of you have taken legal advice, the hearing should be conducted as an employer/employee matter.

8. Put words in the employee’s mouth, if you do not understand a point he is making, make him explain it until you do. 

9. Allow the employee to rule the meeting with his emotions, ensure that you stick to the detail presented in the disciplinary letter and keep referring back to the core issues of the disciplinary. You can appear sympathetic, but keep control by focussing the meeting on the core issues which you will have set out in the disciplinary hearing.

10. Include without prejudice discussions as part of the disciplinary hearing. The hearing is on the record and the without prejudice discussion is off the record, so the two discussions must not be mixed.

11. Mention termination arrangements about returning Company property or finishing work in the disciplinary hearing. The decision to dismiss should not be made until the end of the disciplinary, and you should not allow an employee to think that your mind is already made up.

12. Give details to the employee of when the “dismissal letter” will be sent following the disciplinary hearing. The letter to be sent is called a “decision letter” regardless of the contents.

For advice about disciplinary and grievance procedures and any other Employment law related matter, please contact the Silverman Sherliker LLP Employment team:

Nicholas C J Lakeland: ncjl@silvermansherliker.co.uk
Martin D Donoghue : mdd@silvermansherliker.co.uk
Victoria J Russell : vjr@silvermansherliker.co.uk