The Manager's Toolkit

DISCIPLINARY HEARING

At the end of the meeting, the managers have the option to postpone proceedings – new information may come to light resulting in further investigations being required. The investigation team would be advised and the hearing reconvened. . Prior to any final hearing decision – on any option – those conducting the hearing should always take an adjournment in order to confer and agree on a course of action. A hearing should always be heard by 2 managers who were not involved in the investigation (to ensure impartiality) and where at least one of them is more senior than those already involved. Again, it is normal practice for one to be an HR Partner.

During the hearing the facts gathered during the investigation are discussed with the employee. The employee has a legal right to have a representative present at investigation meeting but can waive this right and attend alone. Alternatively it may be appropriate to dismiss proceedings at this stage – if no disciplinary action is required. Or the decision may be that it is appropriate to issue disciplinary action at this time.

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DISCIPLINARY HEARING

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It is good practice – but not a necessity – to inform the employee of any decision verbally. If this is not done the decision must be issued in writing within 5 days of the hearing.