A disciplinary hearing occurs when an employee is thought to have contravened the disciplinary policy. Once an issue is identified, please involve FieldHR who will ensure that an appropriate investigation takes place, and if appropriate, the appropriate letters and notifications are sent to the employee to instruct them to attend a hearing. Read your policy carefully and ensure that you are following the process and timelines laid out in it.
Before you start:
- Involve FieldHR before starting any formal disciplinary proceedings
- Ensure that you have a room booked, and appropriate time laid aside with no interruptions.
Your essential checklist
- Inform the employee that it is a formal disciplinary hearing, and confirm the roles of the participants – FieldHR can be present to ensure that due process is followed, the note taker is present to ensure an accurate record of proceedings, you are there to set out the case against the employee and the employee is there to respond to the case, and make any comments or representations.
- Set out the case – go through the detail of the issue referring to the investigation report, and any documentation that might be relevant.
- Ask the employee questions to ascertain the facts of the case, and allow them to state their side of events, explain their conduct and state any mitigating factors.
- Allow the employee to explain his or her case fully.
- Do not prejudge
- Listen actively to what the employee has to say – ask ‘open’ questions to obtain clarity if necessary
- Distinguish between facts and opinions, clarify the facts and explore the matter fully.
- Remain objective, irrespective of personal like or dislike of the employee, or what they are accused of doing
- Provide the employee with any relevant information about company policies and / or availability of resources.
- Adjourn the meeting if new matters are raised that require further investigation
- If you feel that you have all information, have a break in which you decide if a sanction is appropriate and if so, at what level (no sanction / First Written Warning / Final Written Warning / Dismissal)
- Inform the employee of the decision, the reasons, and that they have the right of appeal
Top tips:
- FieldHR will provide all documents for you, so ensure that they are consulted at the beginning of the process
- Be objective – control your emotions and don’t become angry or impatient
- Remember not to be judgemental or make any comments which indicate that you have made up your mind before you deliver your decision