Can you attend disciplinary hearing?
You can bring someone with you to a disciplinary meeting. This is a meeting which can lead to disciplinary action. Taking someone with you is called the ‘right to be accompanied’.
How much notice should I be given for a disciplinary hearing?
Depending on how complex the investigation was and how much information there is for you to consider, normally five working days’ notice for a disciplinary hearing is sufficient. You should also arrange for a note-taker to support you at the disciplinary hearing.
How do you respond to a disciplinary hearing?
During a Disciplinary Meeting
- Be courteous and respectful always;
- Ensure you understand the questions being asked of you;
- Respond to the allegations according to the approach you consider is best for your situation;
- Take specific note of particular words or statements that seem important; and.
Can an employer invite an employee to attend a disciplinary hearing?
If necessary, the employer should obtain medical evidence focused on the employee’s ability to take part in a disciplinary hearing, and what, if any, reasonable adjustments it could make to facilitate their attendance.
What happens if you miss a disciplinary hearing?
Thus, if the employer fails to prove that the employee was given the opportunity of a fair hearing the employer will most likely lose the case. On the other hand, the law does not countenance the ploy used by employees where they absent themselves from hearings in order to avoid being disciplined or dismissed.
Can a company refuse to allow an employee a hearing?
There are very few circumstances where an employer can justify failure to allow the employee a hearing but such a situation could possibly occur where: Employees are on an unprocedural strike, there is chaos at the workplace and as a consequence, the employer is unable to communicate with the employees or to get them to attend a hearing.
When to put a disciplinary process on hold?
If an employee is still unable to attend, the employer should consider putting the disciplinary process on hold until the employee is well enough.
When do employers ask for a disciplinary hearing?
Where the investigation shows the employee has a case to answer, the employer should ask them to a disciplinary meeting or ‘hearing’. The hearing should be held as soon as possible after the investigation, while giving reasonable time for the employee to prepare. In good time before the hearing, the employer should put in writing to the employee:
Can you bring a companion to a disciplinary hearing?
The right to be accompanied By law, an employee or worker can bring a relevant person (‘companion’) with them to a disciplinary hearing. This is called ‘the right to be accompanied’. The employee should tell their employer as soon as possible who they want to be their companion so arrangements can be made in good time.
Can a employer put off a hearing indefinitely?
Employers can not be expected to put off a hearing indefinitely but the employee’s right to attend a hearing should not be dispensed with too hastily.
Can a person refuse to attend a disciplinary meeting?
As the ET acknowledged, however, and as set out in the Acas Code, an employer may be able to “make a decision on the evidence available” (para 25) where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause.