Disciplinary Hearings

The disciplinary hearing is where you have your chance to respond to allegations before a decision is made.

Before the Hearing

Notice Requirements

You should receive written notice including:

• Allegations - in sufficient detail to understand the case
• Evidence - copies of documents the employer will rely on
• Date, time, location - of the hearing
• Right to be accompanied - and by whom
• Possible outcomes - including dismissal if applicable

How Much Notice?

There's no fixed rule, but:

• Enough time to prepare a response
• Time to arrange companion
• Typically 5-7 working days
• More for complex cases
• Less for urgent matters (with agreement)

Preparing for the Hearing

1. Read everything - all allegations and evidence carefully
2. Prepare your response - to each allegation
3. Gather evidence - documents, witnesses in your favour
4. Choose companion - colleague or union rep
5. Brief companion - on the case and your defence
6. Prepare questions - about evidence or witnesses
7. Consider mitigating factors - circumstances to highlight

Your Right to Be Accompanied

Who Can Attend

• A fellow worker (current employee of same employer)
• A trade union representative

Who Cannot Attend

• Family members
• Friends
• Solicitors (unless employer agrees)
• Former colleagues

What Your Companion Can Do

• Put your case forward
• Sum up your position
• Respond on your behalf to points raised
• Confer with you during the hearing

What They Cannot Do

• Answer direct questions on your behalf
• Prevent employer asking questions
• Disrupt or obstruct the hearing

If Companion Unavailable

You can postpone once if your chosen companion can't attend. You must:

• Propose alternative date
• Within 5 working days of original date
• This is a statutory right

During the Hearing

Structure

Typical format:

1. Introduction - explain the process
2. Allegations presented - management states the case
3. Evidence presented - documents, witness statements
4. Employee responds - your chance to answer
5. Questions - from both sides
6. Mitigation - any circumstances in your favour
7. Summing up - both sides summarise position
8. Adjournment - for decision to be made

Your Opportunity to Respond

You should be able to:

• Respond to each allegation
• Challenge the evidence
• Present your version of events
• Call witnesses if appropriate
• Highlight mitigating factors
• Ask questions

Decision Maker

The person hearing the case:

• Should not have been involved in investigation
• Should be impartial
• Should be senior enough to make decisions
• Will consider everything before deciding

After the Hearing

Adjournment

It's good practice for the decision-maker to:

• Adjourn to consider the evidence
• Not make snap decisions
• Consider everything said
• Take advice if needed

Receiving the Decision

Decision may be given:

• At reconvened meeting, OR
• In writing within few days

Written Confirmation

You must receive written confirmation of:

• The decision reached
• Reasons for the decision
• Your right to appeal
• How and when to appeal
• Any sanction and duration

Possible Outcomes

Outcome	When Used
No action	Allegations not proven
Management advice	Minor issue, informal guidance
Verbal warning	Minor misconduct proven
First written warning	More serious or repeated
Final written warning	Serious matter
Dismissal with notice	Misconduct warranting termination
Summary dismissal	Gross misconduct proven

Special Circumstances

Sickness

If you're too ill to attend:

• Provide medical evidence
• Ask for postponement
• Employer may proceed if you keep postponing
• Consider alternative arrangements (phone, video)

If You Don't Attend

If you refuse without good reason:

• Hearing may proceed in your absence
• Decision based on available evidence
• You lose chance to defend yourself
• Not recommended

Adjournments During Hearing

Either party can request adjournment to:

• Investigate new evidence
• Allow comfort breaks
• Consult with companion
• Consider next steps

Tips for the Hearing

Do

• Stay calm and professional
• Listen carefully to allegations
• Take notes
• Answer questions honestly
• Stick to the facts
• Present your evidence clearly
• Use your companion effectively
• Ask for clarification if needed

Don't

• Become aggressive or emotional
• Interrupt when others speak
• Make personal attacks
• Lie or exaggerate
• Refuse to engage
• Walk out
• Threaten legal action in the meeting

Recording the Hearing

Notes

• Employer should take detailed notes
• You should receive copy
• You can take your own notes
• Notes form part of the record

Audio/Video Recording

• Usually requires consent of all parties
• Check employer's policy
• Covert recording can undermine trust
• Tribunal may still admit covert recordings

Challenging the Process

During Hearing

If you think process is unfair:

• Raise concerns at the hearing
• Ask for them to be noted
• Don't storm out
• Wait for appeal if needed

Procedural Issues

Common problems:

• Decision-maker is biased
• Evidence not provided in advance
• Insufficient time to prepare
• Not allowed companion
• Outcome predetermined

These can be grounds for appeal.

Employer Best Practice

Conducting Fair Hearings

• Prepare thoroughly
• Explain the process at the start
• Present allegations clearly
• Provide evidence in advance
• Allow employee to respond fully
• Listen to what they say
• Consider mitigating factors
• Adjourn before making decision
• Confirm outcome in writing
• Offer appeal

Decision Making

Consider:

• Has misconduct been proven (balance of probabilities)?
• What is the appropriate sanction?
• What happened in similar cases?
• Are there mitigating factors?
• Would dismissal be in range of reasonable responses?