Who must attend disciplinary hearing?

Who must attend disciplinary hearing?

Who may attend a disciplinary hearing? Parties that may attend a disciplinary hearing are a representative from management, the employee and their representative (if necessary), and witnesses for both parties or either party.

Does an employee have to attend a disciplinary hearing?

The Acas code of practice on disciplinary and grievance procedures states that both the employer and the employee should make every effort to attend the disciplinary meeting, and that where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause, the employer should make a …

Who should be involved in employee discipline?

Your organization, specifically the Human Resources (HR) department and involved managers, should have a discipline process in place to address performance and behavioral issues and use these steps to discipline an employee.

Who chairs a disciplinary hearing?

And thus the “unbiased and impartial” chairperson proceeds to chair the disciplinary proceedings. The chairperson must be free to apply his own mind, as opposed to applying the pre-decided mind of the employer, to the facts of the case and to his deliberations in arriving at a sanction.

What happens if an employee does not attend a disciplinary hearing?

Where the employee’s representative fails to attend, the intervention of the workers’ committee or relevant trade union may be sought to secure his attendance. If that fails, the employee should be allowed to choose and brief another representative and the hearing should be postponed.

Can I be dismissed without a disciplinary hearing?

In these cases your employer can operate a two-step disciplinary procedure. They can dismiss you and then go straight from the written statement to the appeal without holding a hearing in between.

What happens if I dont attend disciplinary hearing?

If you fail to attend the meeting and don’t have a reasonable excuse for not attending, the meeting may go ahead without you and you will not be able to put your case.

Should HR be present at a disciplinary hearing?

HR should generally be used in disciplinary investigations to advise decision makers on processes and points of law as well as perhaps how similar historical cases have been treated, to ensure consistency.

What is HR role in disciplinary hearing?

Where there is serious misconduct, HR should provide advice and support to line managers during the investigation phase and especially when a decision is taken to institute formal disciplinary proceedings. HR can also assist a line manager with case preparation but all this should be done ‘behind the scenes’.

How do employers prepare for a disciplinary hearing?

Prepare questions for the employer’s witnesses and your witnesses. Also, prepare your answers to possible questions. Prepare your argument and provide evidence to defend against the allegations. Prepare a closing statement.

What to do if an employee refuses to attend a disciplinary meeting?

A: If you have a disciplinary meeting in the diary and an employee refuses to turn up, we’d recommend you offer the employee another opportunity to attend a meeting. If they still fail to attend, arrange a final meeting and inform the employee that if they don’t attend a decision will be made in their absence.

Can HR chair a disciplinary hearing?

There is a serious misconception that employers may not get external experts to chair disciplinary hearings. It is true that such experts might, under certain circumstances not be allowed to represent the employer (or the employee). However, the person chairing the hearing is not representing either of the parties.

What happens at a disciplinary hearing for an employee?

What happens in a disciplinary hearing. The hearing is the chance for both the employer and the employee to state their case. The employer, employee and employee’s companion should make every effort to attend. The employer should: explain the employee’s alleged misconduct or performance issue. go through the evidence.

Can a witness be bribed at a disciplinary hearing?

Witnesses can be bribed or otherwise persuaded to lie. Unless expertly handled witnesses may get nervous during the hearing. They may therefore get flustered and so make mistakes. Witnesses for either party (the accused employee and the initiator) would generally be internal witnesses such as colleagues and managers.

Can HR conduct a disciplinary investigation?

If an HR professional conducts the investigation, for example, they should not then go on to advise the manager on the disciplinary hearing or appeal. The procedure should be fair and transparent and the employee must be given the opportunity to put their case to the true decision-maker.

What are the questions to ask during a disciplinary meeting?

The specific questions to ask will depend on the individual circumstances of the issue but could cover the following: The employer should clarify that they have done everything possible to make the employer aware of the disciplinary procedure, what is deemed unacceptable behaviour, and what their rights are as an employee.