Disciplinary at work employment advice & representation
Richard Nelson LLP’s expert employment disciplinary solicitors can advise employees on their rights when faced with disciplinary proceedings. Get in touch to find out more.
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.
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.
Find a workplace disciplinary solicitor near you
Get in touch
Contact us today if you are facing disciplinary action while at work so we can discuss your case in greater depth.
- Request a free call back using the form on this page
- Phone us during office hours on 0333 888 4040
- Email us at email@example.com.
What We Do
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.