Disciplinary Hearing

Being invited to a disciplinary hearing by your employer can be a daunting and stressful experience. Your employer is obliged to inform you of the allegations and evidence against you and should have a written and accessible disciplinary procedure to ensure that you are clear on what the process is.

The process in which your employer is expected to follow when taking any disciplinary action can be found in the ACAS Code of Practice, which includes the right of representation. Whilst this Code is not legally binding there can be consequences for your employer if they do not follow this.

How can I get legal representation?

  • Contact our lawyers

At Hodge Jones & Allen, we have long-standing expertise in handling disciplinary procedures that our sympathetic employment lawyers can offer you. Contact our free confidential team who will be able to take down your details.

  • Representation

Once they have analysed your case, your case will be allocated to the most appropriate member of our team. Your solicitor will provide you with a cost estimate so that you know how much our fees are likely to be.

  • Funding options

We will discuss the various funding options with you. For example, we can offer fixed fee meetings to discuss your current circumstances and provide fast and effective advice. In open-ended situations (such as handling a grievance or a claim on your behalf), we offer competitive hourly rates. We will ensure that you are provided with clear information on costs throughout.

What outcomes can I expect?

The primary aim is often to help you to defend the allegations, resulting in the allegations being dropped and enable you to get back to working as normal. However, if you are dismissed, we will be able to advise you on claims any potential claims, such as unfair dismissal. In these circumstances, we would be able to assist you to seek to recover compensation or reinstatement through the Employment Tribunal. In some circumstances, we can work with you to bring about an exit from the company on terms that ensure that your reputation and career is protected.

Your employer is required to follow correct procedures

In calling you to a disciplinary hearing, your employer is legally required to follow correct procedures, as set out in ACAS Code of Practice on Discipline and Grievances. If the hearing is motivated by or results in bullying, harassment or discrimination, we will advise you of your employment rights.

Why choose our representatives?

  • Trustworthy Solicitors

Our lawyers understand that if your employer wants to initiate disciplinary proceedings, you will need someone to support, advise and understand you. You could be facing the prospect of being dismissed, or other serious sanctions and will need advice on the likely or potential outcomes. In such cases, it is essential that you know your rights and obligations. As experts in employment law, we empower you with this knowledge, and explain all your options, giving recommendations on how to proceed.

  • Reliable Solicitors

We will be able to provide you with an expert legal assessment of your case and advice on how to respond to any allegations. We can provide assistance with preparing statements and documentation and any ongoing legal representation after any hearing, or work with you on an exit strategy to best protect your reputation and career.

  • Highly Experienced

If your employment is terminated, we will fight hard to protect your position. We have a proud record of success in winning cases for individuals against all types of organisations, from PLCs to small businesses. Your ongoing interests are our main concern, and we bring a highly personalised approach to help you to achieve a positive resolution.

Case Study: We acted for a teacher who was subjected to racism and had a banana skin thrown at him.

He raised a grievance, requested an apology and that appropriate disciplinary action was taken against the complainant. He was then subjected to disciplinary proceedings for under-performance. We challenged the disciplinary proceedings and successfully argued that they were unfounded and the disciplinary was withdrawn. We pursued a legal claim for race discrimination as vicariously liable for the teachers conduct, but also directly liable for discrimination. Also, they had victimised him to an unfair process and refusing to uphold his grievance.

Frequently asked questions

Do I have the right of representation at a disciplinary hearing?

You are entitled to bring a colleague or trade union representative. This general right of representation may vary depending upon the circumstances.

How do disciplinary procedures work?

Any investigation of the allegations again you should be carried out fairly and independently and you should also be given the opportunity to respond to such allegations before a decision is made.

Can a disciplinary hearing be postponed?

You can make a request for a disciplinary hearing to be postponed however this is at your employer’s discretion. You have a statutory right to a postponement if your companion is unavailable.

Can a disciplinary hearing be held in my absence?

Yes, in certain circumstances the hearing may be held without you present. You may be able to submit written representations if appropriate.

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