Understanding Disciplinary Hearings: What You Should Know and How Moore & Tibbits Can Help

Facing a disciplinary hearing, whether as an employee or an employer, can be a daunting and emotionally charged experience. These hearings are a formal part of the disciplinary process, often used to address alleged misconduct, poor performance, or breaches of workplace policies. It is crucial to understand your rights, responsibilities, and the procedures involved. 

What is a Disciplinary Hearing?

A disciplinary hearing is a formal meeting between an employer and an employee to discuss alleged misconduct or performance issues. It typically follows an initial investigation and is a key part of an employer’s disciplinary procedure.

These hearings are guided by employment law and internal company policies. Employers must ensure that the process is fair, transparent, and compliant with the ACAS Code of Practice, which outlines the minimum standards for handling disciplinary and grievance procedures.

Common Reasons for Disciplinary Hearings

Disciplinary action can arise from a number of issues, including:

• Repeated lateness or absenteeism
• Breach of company policies or procedures
• Misconduct or inappropriate behaviour
• Poor performance or negligence
• Allegations of dishonesty or theft

What You Should Know as an Employee

If you are invited to a disciplinary hearing, it is important to:

• Understand the Allegations: You have the right to know exactly what you are being accused of and to receive any evidence beforehand.
• Prepare Your Case: Gather documents, emails, or witness statements that may support your defence.
• Be Accompanied: You have the legal right to be accompanied by a colleague or trade union representative during the hearing.
• Respond Clearly and Calmly: Stay professional and address the allegations directly.
• Appeal if Necessary: If you feel the outcome is unfair, you have the right to appeal the decision.

What Employers Must Ensure

Employers must follow a fair and lawful disciplinary process. This includes:

• Conducting a thorough and unbiased investigation
• Providing adequate notice of the hearing and the reasons for it
• Allowing the employee to respond to the allegations
• Making decisions based on evidence, not assumptions
• Offering the right to appeal

Failing to follow proper procedure can expose an employer to claims of unfair dismissal, especially if the case proceeds to an employment tribunal.
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How Moore & Tibbits Can Help

At Moore & Tibbits, our experienced employment law team provides comprehensive support for both employees and employers involved in disciplinary proceedings. 

For Employees:

• Reviewing Your Case: We will examine the evidence against you and explain your rights in plain language.
• Advice on Strategy: Whether you are planning to attend a hearing, submit a defence, or appeal a decision, we provide tailored legal advice at every stage.
• Representation: We can accompany you to hearings or represent you in complex cases or employment tribunals.
• Negotiating Settlements: If appropriate, we can help negotiate exit packages or settlement agreements.

For Employers:

• Drafting Disciplinary Policies: We can help create or review your internal policies to ensure they are legally compliant.
• Advice on Process: Our solicitors guide you through each stage of the process to avoid pitfalls that could lead to tribunal claims.
• Representation: If a dispute escalates, we can represent you in defending claims brought by employees.
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Why Choose Moore & Tibbits?

With a long-standing reputation in employment law, Moore & Tibbits Solicitors provide expert, approachable, and cost-effective legal support with fixed prices available. Whether you're an individual facing disciplinary action or an employer navigating a sensitive issue, we are here to ensure the process is fair and legally sound.

Contact Us Today

Don’t leave your future or your business exposed to risk. Contact our employment law team for a confidential, no-obligation consultation:  employment@moore-tibbits.co.uk.