• Gather the facts • Try to resolve the issue informally first. • Inform the employee in writing, explaining the reason for the hearing and when it will take place • Arrange for any witnesses, to present at the hearing, to be available. • Inform the employee that they have the right to bring a colleague to the hearing. • Review your procedures and make sure they are fair and transparent

By on 13-11-2018

HOW TO CONDUCT A DISCIPLINARY HEARING

• Gather the facts - the allegation, evidence, and the employee’s past record.
• Try to resolve the issue informally first. If this does not work, raise the matter formally without delay.
• Inform the employee in writing, explaining the reason for the hearing and when it will take place; allow the employee at least three working days’ notice to prepare a case.
• Arrange for any witnesses, or evidence you or the employee wants to present at the hearing, to be available.
• Inform the employee that they have the right to bring a colleague (or union representative) to the hearing.
• Review your procedures and make sure they are fair and transparent and are in accordance with the Acas Code of Practice.
• Prepare yourself to be calm and open-minded throughout the hearing; be ready to adjourn the hearing if tempers become frayed.Begin the hearing by explaining what will happen; set and keep to an agenda to maintain control of the hearing.
• Present the case against the employee.
• Allow time for a response and consider the case from the other side.
• Clarify any mitigating circumstances: for example, if the employee was unaware of the rules, or if similar behaviour is widespread.
• Encourage suggestions to help overcome the problem.
• Summarise the discussion and adjourn to make any further investigations necessary and to reach a decision.
• Consider how serious the offence is, what action it merits and any steps which could be taken to improve the situation.
• Inform the employee of your decision as soon as possible in writing; issue and explain any warning.
• Explain that the employee has the right to appeal; if possible any appeal should be heard by someone senior who has not been involved in the initial hearing.
• Throughout, keep a detailed written record; ask the employee to sign any improvement plan, and emphasise the consequences of further offences.
• If you cannot reach an agreement, consider using an independent third party to help resolve the matter.