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Planning a disciplinary hearing

Planning a Disciplinary Hearing

Hello!Welcome to the workbook for Planning a Disciplinary HearingIn this workshop we will look at how to structure a disciplinary hearing to make sure it achieves what the legal framework requires and at the same time ensures the employee feels they have ‘had their say’ and been listened to.

By taking part in it you will:

□ Plan the topics to discuss in the disciplinary hearing and the order in which to cover them.

□ Make sure that the hearing covers all aspects of the case to be heard clearly and so nothing is missed out.

The videos we will be watching during this module will be:

Planning a Disciplinary HearingInsert link to video here

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Why is it important to plan a disciplinary hearing?Your confidence, their confidence

You’ve heard the saying fail to plan, plan to fail? It’s cringe-worthy, but true. Planning the hearing will make you feel confident and enable you to really listen to what the employee has to say.

The legal framework

The disciplinary hearing can show that the organisation has achieved all the requirements to act fairly that are set out in the law that governs disciplinaries. This is the law of unfair dismissal (but it’s also relevant to warnings as well). The requirements of a fair dismissal are:

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Fair reason Fair procedure

Reasonable decision

Fair outcome

The disciplinary hearing in three partsA good way to look at the disciplinary hearing? It is made up of three parts:

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Introductions

The main event

Adjourn

IntroductionsWatch the video and grab a highlighter.

Highlight the 6 words in this word cloud that you would say are covered in ‘the intros’:

Questions about the role of the companion? (Employee Rep/Steward?)

There are two videos on this topic:

Who can be a companion in a formal hearing?

The role of the companion in a formal hearing

Insert link to videos here Insert link to videos here

The main event5

The Main Event

Is the allegation clear?

Does the evidence and any

investigation paint a clear picture of what happened?

Have you listened clearly to the employee's version of

events and any mitigation?

Is it clear what the potential

sanctions could be?

Is it clear what your

role is?

This part of the disciplinary hearing is all about clarity.

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How do you make sure everything’s clear?

How do you plan this part of the disciplinary hearing to make sure all three parts of this diagram are achieved?

Here’s a list of the topics to cover in this section of the hearing:

Is each of the following crystal clear to the employee (and their rep)?

What would you say or do to make sure it is?

Would you ask, tell or review? (You could be doing more than one)

Give an example…

1. The employee’s understanding of the allegation they are facing.

2. What you have to decide at this hearing.

3. What the potential sanction could be.

4. What evidence there is that’s relevant to what they are alleged to have done.

5. What the employee wants to say about the allegation and in mitigation.

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Ask Tell Review

AdjourningOnce you have gone through all of the items on the ‘main event’ checklist, it’s time to move towards adjournment.

There are some points to cover before you do. These are:

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Summarise

Keep your language neutral

Questions or comments?

From the employee?From the rep?

Review notes

Will the employee sign them?*

Adjourn

How long for?What/where does the employee do/go during the adjournment?Are they still suspended?

*Reviewing the notes

Case study (1) A manager asks an employee to review the notes of the disciplinary hearing that they have been chairing. He and his rep both read them through and then look at him expectantly.

He says to the employee “please now sign them to confirm they are accurate”. He refuses.

What should the manager do next?

Case study (2) A manager asks an employee to review the notes of the disciplinary hearing they have been chairing. The employee says he ‘doesn’t agree’ with a section of the notes. When he asks him why, he says they’re not accurate - that’s not what he said.

The manager looks at them again and he thinks they are accurate. He remembers the employee saying what the notes say he said.

What would you advise the manager to do next?

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The key learning points from today?We have created a checklist for a disciplinary hearing that looks something like this:

What are your key learning points from today? – They could be ‘new news’, ‘confirmed news’ or a ‘do differently’. Note them here!

The introductionsWho is who: names and job titles

Note-taker’s job is to take notes for everyone – so no recording

The rep’s role

The main eventThe allegation (and relevant documents)

What you have to decide

What the potential sanction could be

The available evidence

The employee’s comments on the evidence and in mitigation

The adjournmentSummarise

Any further questions or comments?

Review the notes

Adjourn the hearing

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The notes in this workbook is intended to give an introduction to employment law – please do not rely upon them as being detailed enough to amount to legal advice. If you need legal advice, please contact your HR team. These notes describe the law at 1st September 2019.

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