Knowing how to deal with any disciplinary hearings in the workplace is an important and lengthy process so ensuring you have a knowledgeable and hardworking HR team to be able to deal with this is important for your business. The formal process is a more structured disciplinary process that involves different stages. They include the following.
This is where an impartial individual will assess the situation and decide whether there is a case to answer under the disciplinary process.
The employee is formally invited to a disciplinary hearing in order to present their case. They have a right to be accompanied.
The formal meeting. This meeting should be recorded either in note format or via digital recording depending on the company policy.
The outcome is decided and communicated to the employee. This may be an appropriate sanction such as a warning or dismissal, or it may be decided that no further action is required.
This is where the employee can appeal against the decision of the disciplinary outcome.
An impartial individual will consider the case and decide whether the original outcome needs to be overturned or remains as it is, resulting in the final outcome of the case.
You would be likely to begin the process if you felt that the employees behaviour is not compatible with the business ethos and working practise that is expected. Reasons for initiating one may include,
You may instigate an informal chat with the relevant employee to discuss issues that are affecting their ability to carry out their work duties and express any concern, before any formal complaints are made. This enables the employee to be aware of your concerns and hopefully rectify any alarming behaviour. It is still important for you as the employer to make a written record of the informal chat in case this is needed later on in the process. It will provide evidence that the employer provided the employee with the opportunity to make positive changes.
At Harwood HR Solutions, we manage the disciplinary process to ensure fairness and legality. If an act of gross misconduct occurs, or if there are minor HR issues, we guide you through each step.
Our formal disciplinary procedure starts by investigating the issue. We inform the employee, allowing them to discuss the issue and present their side of the story. Depending on the findings, a hearing may follow where disciplinary decisions range from a verbal warning to a final written warning, or in serious cases, dismissal.
Our approach adheres to the ACAS Code of Practice, ensuring that all actions, from issuing a written warning to providing a chance to appeal, are legally sound. We also ensure compliance with health and safety rules, essential to our disciplinary and grievance procedures.
With Harwood HR, you have peace of mind knowing you have expert HR consulting guiding you through complex employment tribunal challenges. Contact us today for comprehensive HR support tailored to your business needs.
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