Disciplinary hearings

Disciplinary hearings are used where the employer is concerned about an employee’s performance or conduct, usually within the workplace. Going through a disciplinary process can be upsetting and intimidating. Obtaining advice before your disciplinary hearing will help put you at ease and to ensure that you are taking sensible steps towards securing a favourable result. 

Disciplinary procedure

Your employer should put their disciplinary procedure in writing, so that both you and your employer have a clear understanding of the process. Before taking formal action, the employer must investigate the suspected misconduct and hold a disciplinary hearing, in which you can put forward your side of the story. You should be informed of the case against you, notified of the disciplinary hearing, and your right to be accompanied by either a colleague or trade union representative.

Disciplinary action

Following a disciplinary hearing, you may be given a verbal warning or written warning, demotion or even dismissal, depending on the gravity of the misconduct. You will have the opportunity to appeal against any disciplinary action taken against you. The disciplinary process, if handled poorly, may be unfair if mitigating circumstances were not taken into account or if the employer has been inconsistent in taking disciplinary action against you. An example of this may be if you are dismissed when another employee in a similar situation only received a written warning.

We can assist you throughout the disciplinary process, advising you on preparing for your disciplinary hearing or an appeal against the disciplinary action taken against you.

Dismissal after a disciplinary hearing

In cases of dismissal for a series of acts of misconduct or for gross misconduct, the employer must act reasonably and follow a fair procedure. It will not be fair for an employer to dismiss an employee for a single incidence of misconduct, unless it amounts to gross misconduct. Incidents such as theft, harassment and discrimination may be considered by your employer to amount to gross misconduct.

If you are dismissed following a disciplinary hearing and feel that the disciplinary process was conducted unfairly, we can advise you on making a claim for unfair dismissal or, if appropriate, negotiating a compromise agreement as a means of avoiding litigation.