Disciplinary Hearing Solicitors for Employees

You should be given sufficient time to prepare for your hearing, so your employer will need to give you at least two days’ notice of a disciplinary hearing.  In more complicated cases your employer should give you at least 5 days’ notice.  You and your employer can agree to lengthen or shorten any notice period at any time.  If you don’t think you’ve been given enough notice, ask your employer in writing to give you extra time to prepare.

The length of the actual hearing itself will depend on the nature and extent of the allegations and evidence presented, as well as the time required for the decision-making process. Although, the average duration is around 30 minutes to an hour.

A disciplinary hearing is held to determine whether an employee has breached company policy or the express or implied terms of their employment contract and to decide on an appropriate course of action.

An employee has the right to be informed of the allegations against them, to present their case, to be accompanied by a colleague or trade union representative, and to appeal any decision made.

Evidence is crucial in establishing whether or not an employee has breached company policy or contract and in determining an appropriate outcome. If your employer has insufficient evidence to support the allegations your employer may decide to take no further action. If your employer decides there is sufficient evidence to support the allegation they may give you a warning or move straight to dismissal.

The potential outcomes can range from a verbal warning through the a writing warning, a final written warning or to dismissal, depending on the severity of the breach and the employee’s past conduct.

An employee should review all relevant policies and procedures, gather evidence to support their case, and consider bringing a colleague or trade union representative for support.

While an employee can refuse to attend a disciplinary hearing, it may be viewed as a breach of their contract and could itself result in disciplinary action, including dismissal.

In some cases, an employer may be able to dismiss an employee without a hearing, such as in cases of gross misconduct.

An employee can appeal a disciplinary decision on the grounds of new evidence, procedural errors, or the severity of the outcome.

A disciplinary hearing can have legal implications, such as potential claims for unfair dismissal or discrimination.

Yes, seeking professional advice from an employment law solicitor can help you protect your rights and interests during the disciplinary process.