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When it is necessary to commence disciplinary proceedings against a member of staff, your expert solicitor specialising in employment law for companies will help you to fully understand your rights and responsibilities as an employer.
We can also help you to negotiate the terms of dismissal if no other solution is available.
In disciplinary proceedings, you must inform your employee in writing of the matters or conduct under investigation, explaining the disciplinary procedure that will follow. You must arrange a hearing at a reasonable time and tell the person concerned at the earliest opportunity, informing them that they have the right to be accompanied by either a colleague or a trade union representative, if applicable.
When the hearing takes place, you must introduce all parties present and summarise what the meeting is about. You must explain the conduct under investigation, and present any evidence confirming this.
Your staff member must then have the opportunity to defend their position and respond to these claims, including calling witnesses and presenting evidence of their own.
Following the hearing, you must make your decision, based on the information provided at the hearing by both sides. You may decide to take no action on this occasion, or you may issue a warning or impose a sanction such as suspension, demotion or dismissal. Your employee must be informed of this in writing and will have a right of appeal. You must state a reasonable deadline for their appeal when informing them of the outcome of the hearing.
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