Southern Sun: Maharani: Durban. Our Clients. Consider whether there are any witnesses you require your employer to take statements from, particularly if you have been asked not to contact anyone. The established law about an employer being disallowed from interfering in the outcome of a disciplinary enquiry where the chair has the power to make a final decision, which is the crucial issue in this appeal, has, as its aim, the protection of workers from arbitrary interference with discipline in a fair system of labour relations. An at-a-glance chronology of events is always useful where facts are in dispute or the issues have arisen over a long period of time. I find that the chairperson as the human resources manager and an employee of a company of 30 employees had an interest in the outcome.
If you raise a significant new fact or issue at the hearing your employer might stop it and look into the issue. They should then rearrange the hearing at a later date. You have the right to take someone with you to a disciplinary hearing, but you must tell your employer about this first. However, your employer does not have to agree to this unless your employment contract says they must. To help us improve GOV.
It will take only 2 minutes to fill in. Skip to main content. Accept cookies. Cookie settings. Home Working, jobs and pensions Redundancies, dismissals and disciplinaries. Disciplinary procedures and action against you at work. Disciplinary hearings Your employer should not take any disciplinary action before meeting with you first and discussing the problem.
At the hearing your employer should: explain the complaint against you go through the evidence give you a chance to tell your side of the story If you raise a significant new fact or issue at the hearing your employer might stop it and look into the issue.
Taking someone with you to a disciplinary hearing You have the right to take someone with you to a disciplinary hearing, but you must tell your employer about this first. Your companion cannot answer questions on your behalf.
However, if non-attendance persists in this manner, and you feel that you have provided them with enough time and information in order to sufficiently prepare for the hearing, then should begin investigations as to why they are unable to attend. In extreme circumstances, it could be helpful to inform them that it is possible to make a decision on the disciplinary in their absence.
If the sickness is likely to be short-term, it would be best practice to postpone the hearing until your employee returns to the workplace.
In the case of a long-term absence, you should instead try to make a decision to involve the employee in the process. This could mean allowing them to outline and state their case in writing, or via a third-party representative. You could also employ the use of occupational health if you feel that a long-term sickness absence may not be entirely genuine.
Prepare yourself for tricky disciplinary hearings in 5 minutes by reading manager or HR professional dealing with disciplinary hearings. Before you hold a disciplinary meeting for an employee, it's imperative that you on your employer's policies and the rules that pertain to disciplinary hearings, . Remember that you are managing their meeting and you control the situation.
They can act as semi-impartial third-party to liaise with your employee to try and establish if there are any barriers that can be removed in order for them to attend the hearing. There a number of potential outcomes that the hearing could result in. If you feel the disciplinary was instigated for a minor matter, for a complaint that has been proven to be false, or else for a situation that is now resolved, you can decide that no further action is necessary.
Alternatively, you may decide that the situation warrants a formal warning. A first written warning is normally kept in place for six months, whilst a final warning is held on file for up to one year. In extreme cases, or those where the disciplinary has been ongoing and previous meetings have failed at resolving the issue or complaint, you could also consider dismissal as a last result.
Your employee retains the right to appeal any disciplinary decision, if they feel that the action taken is wrong or unjust. Appeals can be made on various grounds, including those of producing new evidence, undue severity of the decision, or inconsistency of the penalty given.
You should include full details of how to appeal against a disciplinary decision within your company handbook or wider grievance policy. Your employee can also request to instigate an appeal meeting, which you should endeavor to hold as close to the original meeting as possible. Your employee must detail their appeal case in writing, and they also retain the right to accompanied.
Ideally, this meeting will be dealt with more impartially, and ideally you should try to include a manager who was not present at the original hearing.
Conducting a disciplinary hearing can be daunting, especially for those operating small businesses, but adhering to a checklist of key principles could be helpful in streamlining the process as a whole:. What is a disciplinary hearing? Why are they conducted?
How should a company instigate a hearing? Does the employee have the right to be accompanied? Workers are entitled to be accompanied to a disciplinary meeting that is likely to result in: The issue of a formal warning The taking of other disciplinary action The confirmation of a warning, or of further disciplinary action The statutory right entitles your employee to be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union.
Can it be rescheduled at employee request? Get Started Now. Free Info Pack.
What should happen during the hearing? Can a hearing be conducted whilst an employee is on sick leave? What are the possible outcomes of the hearing? What happens if the employee appeals the outcome? Checklist: What should you consider when conducting a hearing?
Conducting a disciplinary hearing can be daunting, especially for those operating small businesses, but adhering to a checklist of key principles could be helpful in streamlining the process as a whole: Fairness principles — You must maintain the basic principles of fairness, and keep consideration of the minimum disciplinary procedure that you as an employer must follow ACAS code of conduct — Study the ACAS principles on disciplinary and grievance procedures, and educate yourself as to the consequences of failing to follow the established code of conduct Note taking — Ensure that you have impartial company representative available to take notes during any formal and informal meetings that may occur Decide on procedures — Outline the full procedure that will be followed during the hearing, and introduce all parties taking part Set out the case — Calmly and measuredly state the allegations and sum up all credible evidence against the employee in question.
Give the employee adequate time to respond Weigh up the evidence — Filter through the arguments on both sides, and try to decide on the best course of action going forward Communicate the decision — Once you have arrived at your decision, you must quickly inform your employee in writing, detailing the reasons behind it, and the details of their right to appeal. Read More HR Resources. Quick Links Why Cascade?