Employee Rescue

The disciplinary hearing

The Law on disciplinary hearings
Record keeping
Whistleblowing
The disciplinary notice or letter of confidentiality
Your right to be accompanied
Delegation of authority
The allegations against you
The evidence against you

Corroborative evidence

Withholding evidence

Witnesses and witness statements

Problems with your Witnesses

Cross-examining witnesses

Anonymous witnesses

Audio-recordings

Surveillance evidence

Preparing for the hearing
Writing your statement of defence
Attending the disciplinary hearing
What you should do at the hearing
Notes/Minutes of the Hearing
After the hearing
If you don’t want to attend the hearing
If you’re too ill to attend the hearing
Submitting a grievance during the disciplinary process
Breach of the implied duty of mutual trust and confidence
Criminal charges, police investigations and your right to silence
My colleagues want me sacked because of the charge, conviction or police investigation
Can I be disciplined again for the same offence?

(Fighting Dismissal)

See: Disciplinary Proceedings (Fighting Dismissal)

Content

A disciplinary hearing is a meeting facilitated by your Employer to discuss allegations against you and to give you an opportunity to respond to those allegations. Your Employer can discipline you for conduct, capability or some other substantial reason. S13 (4) Employment Relations Act 1999 says that a disciplinary hearing is a hearing which could result in the administration of a formal warning to a worker by his employer, the taking of some other action in respect of a worker by his employer, or the confirmation of a warning issued or some other action taken. This Guide provides you with information on your legal rights throughout the process, with tips, templates and tactics on what to do.

This is your essential step-by-step guide to the Disciplinary Hearing and gives you valuable direction on the entire process. It is an important tool if you want to give yourself the best chance of a good outcome, and to have a strong employment tribunal claim or settlement if you should have to leave your job.