Richard Nelson LLP’s expert employment disciplinary solicitors can advise employees on their rights when faced with disciplinary proceedings. We will work with you throughout the process to offer advice and support, helping you to arrive at the best possible outcome. Get in touch to find out more.
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We understand that it can be a difficult and uncertain time for you if you are facing disciplinary action. The threat of using your losing your job can be a terrifying ordeal. We recognise that work is more than just about money; it gives you purpose, identity, and social standing.Contact Us
The Disciplinary Hearing Procedure - What's Involved?
Before The Disciplinary Hearing
Your employer is legally obliged to inform you in writing why you are under investigation and why a disciplinary hearing is taking place. The information they provide must include details regarding:
- The disciplinary hearing procedure and what it will involve, including the evidence that they will be using against you;
- The actual disciplinary hearing itself; where it will be held as well as its proposed date and time, ensuring everything is suited and reasonable to all parties involved;
- Information on your legal rights of taking a colleague or trade union representative with you to the hearing.
- It’s at this juncture that you need to make your employer aware of any special requirements or reasonable adjustments that you require. For example, a disability that will make participating in the meeting difficult.
During The Disciplinary Hearing
The disciplinary hearing should start with an introduction from your employer, in which they will provide information on all parties involved while explaining the purpose of the meeting and what will be included.
Following this, your employer will then provide justification for the disciplinary case and detail any evidence or complaints they have against you in support of their claim.
You will then have the opportunity to provide a counter-argument, responding to any allegations that have been made against you. You will also have the chance to ask questions while calling upon witnesses and your evidence to support your claim.
Any accompanying colleagues or trade union representatives should also have the opportunity to ask questions and provide evidence to support your claim further if you would like them to.
After the Disciplinary Hearing
Your employer has to decide the next steps either at the end of the disciplinary hearing, in writing following the hearing or at an entirely separate hearing.
They may impose a penalty on you or decide that no further action is required. However, this will depend on your employment contract and the company’s disciplinary policy. Typical penalties from your employer may involve;
– A verbal, written or final warning;
– Disciplinary transfer;
– Suspension without pay;
– A demotion;
– Dismissal (with or without notice).
Whatever the outcome of the hearing, you will have the opportunity to appeal your disciplinary, either using your employer’s appeal policy or via a disciplinary outcome letter.
How Our Employment Disciplinary Solicitors Can Help
We have extensive experience representing employees facing workplace disciplinary hearings, either by;
– Helping you present your case to your employer;
– Examining the investigation/evidence against you to see if your employer has followed the correct procedure.
Our multidisciplinary team is made up of specialists in a wide range of services, which means you'll always be represented by an expert in your area.
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Get in touch to arrange a no-obligation, fully confidential call to discuss your case and work out if you want to continue.
Speak to solicitors in one of our offices throughout England and Wales, or arrange calls and remote meetings.
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