Disciplinaries & Dismissals
Advice for employees
Expert advice if you are facing a disciplinary investigation or hearing at work
Disciplinary investigations and hearings are most likely to respond to misconduct allegations, but can also be due to concerns about your performance or because of your absence from work.
Whatever the reason, the prospect of losing your job is worrying and distressing, and it is important to get swift expert advice on handling the process.
Keep reading to find out more, or call us on 0117 290 0905, or complete our enquiry form to find out how we can help you.
Make An EnquiryMisconduct
It may be reasonable for your employer to suspend you on full pay, depending on the nature and seriousness of the allegations and to enable a full investigation to take place. You may be required to have an investigation meeting: this may happen before or after any suspension. The employer is not obliged to give advance notice of this or provide full information, documents or other evidence at this stage.
If your employer decides that there is a case to answer, and assuming your employer is complying with the ACAS Code of Practice (and it should!), then you will receive a letter prior to a Disciplinary Hearing setting out the allegations against you. They should also supply the evidence that will be relied on and letting you know the possible outcome of the hearing, for example a particular level of warning or dismissal, depending on the seriousness of the allegations and whether you already have unexpired warnings on your file.
The most serious allegations may be regarded as ‘Gross misconduct’. This may result in summary dismissal (termination of your employment without notice), but this should only happen after a hearing at which you have had an opportunity to understand the allegations and evidence and to state your case.
The advice I received was very clear and simple to understand, but more importantly, honest and frank, allowing me to understand clearly my position. Gillian was excellent from start to finish and extremely personable to deal with, but also clearly very experienced which gave me confidence throughout the process that she was always acting with my best intentions and position at heart. Thanks for all your help. You have been brilliant.
Operations Manager
Bristol
Performance
Your employer may think you are not doing your job well enough. Depending on the employer, this may be dealt with under the disciplinary procedure or a performance management or capability procedure. Disciplinary ‘warnings’ are sometimes called ‘cautions’ in a performance procedure. The employer’s complaints about inadequate performance may or may not be justified, and may depend on whether you have received sufficient training, and whether you have sufficient resources and support to fulfil your duties, some of which may not be within your control.
Absence
Sickness absence, whether several short absences or a longer term single period of absence, may trigger a formal meeting under the employer’s attendance/absence management procedure. A few employers use their disciplinary procedure, although recognising that sickness absence, unlike misconduct, is not an employee’s fault.
Nonetheless, ‘capability’ (which includes ill health as well as performance) is a potentially fair reason for dismissal. A long term condition may be regarded as a disability, triggering the employer’s ‘duty to make reasonable adjustments’ under the Equality Act 2010.
It is nearly always a good idea to take someone with you to a formal meeting which may result in a warning or termination of your employment.
You have a statutory right to be accompanied by a trade union representative or a work colleague. In certain circumstances your employer may extend this to a family member or friend (but very unlikely a solicitor!).
It can be very useful to have someone present during the meeting – as well as being a companion to support you, you should ask them to take notes for you and they may also be able to act as a witness if required in the future.
What can you do to protect your position?
If you are facing a disciplinary hearing, it's important you prepare thoroughly in order to defend yourself and ensure your rights are maintained. Here's some tips to help:
obtain and read the disciplinary procedure
carefully read the allegations in the letter
look at the evidence your employer provides
consider whether there are any witnesses or other evidence that you think your employer should take into account
Attend the hearing, taking in a prepared written statement (this avoids important points being forgotten or left out of the notes)
Take a companion, and ask them to take notes
Appeal if you believe you have been unfairly sanctioned or dismissed
Need Further Help?
Our experienced solicitors are well-placed to advise you on your particular circumstances. We will give you honest, impartial advice about your situation, including letting you know at an early stage as to the strength or weakness of your position.
If there is time, taking advice from us as soon as you know that you will be facing a disciplinary hearing can be very beneficial , so that you can be best equipped to prepare and deal with the hearing.
We can help you:
Understand your employer’s Disciplinary or other formal procedure (e.g. capability, attendance management)
Draft statements for hearings
Navigate through the Disciplinary process, including the Hearing
Appeal– including drafting appeal letters and statements, and tips on how to handle the Appeal Hearing
Initiate or Respond to ‘Without Prejudice’ settlement proposals and negotiations
Decide whether to issue proceedings in the Employment Tribunal. Strict time limits apply to such claims, so if please contact us ASAP if you think this may be applicable.
If you have already been dismissed, you may have one or more claims that you can take to an Employment Tribunal, including Unfair Dismissal, and we can advise you on the merits of these and how to take the matter forward.
Our Initial Advice service offers quick, pragmatic and cost-effective legal advice, with clear pricing and no additional fees or obligations.
For expert advice on all aspects of disciplinaries and dismissals from our specialist employment law solicitors, please either call us on 0117 290 0905 or complete a No Obligation Enquiry using the form below and we will soon be in touch with you.
Make an Enquiry
Fill out our online enquiry form, or call us on 0117 290 0905 to get fast, clear and practical legal advice, tailored to your situation.
