Written and recorded by Paul Roy, Law Hound
Hi, I'm poor from law Hound on My background is in finance and managing people. Welcome to this session about conducting the disciplinary meeting or hearing in this session, we're going to look at conducting a disciplinary meeting or hearing. From a practical point of view, the session is designed to assist someone who will be required to conduct disciplinary hearings as part of their role. What's little or no experience of conducting them? The session looks at the steps. You need to take a powerful and hold the meeting on the A cast guidance should take into account disciplinary action. Transparency is vital in business, and a good organization should set standards of behaviour and performance so that all employees know and understand exactly what is expected of them. However, despite this, any employee can experience issues regarding employee misconduct or on satisfactory performance, which means they need to take disciplinary action. When this happens. A cuss advocate two types of disciplinary action informal action which can usually be the best way of dealing with minor misconduct on satisfactory performance and formal action when clearly more serious steps need to be taken. Of course, what type of actually is reasonable or justified will very much depend on the circumstances of each individual case. Acres have produced a discipline and grievance code of practice which is available on their websites. Any disciplinary action must start with a thorough investigation so you can establish although facts of the case. Once you've done this, you can share the facts with the employees, giving them an opportunity to respond and ultimately appeal against any formal decision made for the purpose of this session. I'm assuming that the disciplinary must has been properly investigated on the decision has been made to hold it a PSA plenary meeting. Therefore always look preparing for and conducting a disciplinary meeting, taking the relevant A cast guidance into account, respectful for and consistent approach. From the outset, it is important to follow the basic principles of furnace and to ensure that any employees always treated with respect throughout any disciplinary procedure. It should also go without saying that any disciplinary action, including any meeting, must be conducted in good faith. Having regard to the principles of natural justice. Welcome must not be prejudged or biased. You also need to have a consistent approach disciplinary action, which means having a policy and proceeding in place, which you're organization follows. All too often, organizations have got a disciplinary policy on proceeding in place, but it's not consistently followed, and sometimes it's even ignored. Not only this. Leaving the organization vulnerable to an employment tribunal. It's also generally a sign of poor management. If you find yourself deviating from or even ignoring your organization's policies, take the sign to review them and, where necessary, make changes. See how policies and procedures that can be used. It is important to monitor how consistent your organization's approaches to. This may be more challenging in a larger organization, particularly incidents adult with informally by line managers and no even referred to hate your or central management. What should be relatively easy to achieve a consistent approach doesn't, of course, mean that the outcome of disciplinary action is going to be the same for each and play. For example, in a misconduct case, your decision to take into account issues like the potential or actual consequences of the misconduct or any mitigating circumstances who conducts amazing when deciding who should conduct the meeting, make sure that your death, your disciplinary procedure, if your policy provides for it. The disciplinary meeting could be held by a panel. We want person acting his church conduct the meeting where applicable. You may also want to have advice and support from a HR professional within your organization, but you will need to clarify their role to ensure that everybody involved in the meeting knows where they have a decision making role, whether they're only there in an advisory capacity. Alternatively, the meeting may be held with one manager who are sufficient authority to make a disciplinary decision. However, insofar as is possible that managers should be someone who has not been previously materially involved in the mutter such as, for example, having Bean, the one who investigated the issues or witness this could quite understandably pose problems in a small organization. In theory, there's no reason why the employees line managers can conduct the disciplinary may sing. Have it would not be appropriate for monitor was already involved in the issues given rice to the disciplinary process. For example, if the allegation against the employees that they behaved abusively towards their line manager, it would be appropriate for a different managed to conduct this meeting, there is no reason why external hate char consultant can't be brought in to conduct the investigation, provided that the consultants were always made clear. City employees do make sure the Hay HR consultants has access to all your relevant policies. If it's all possible, it's a good idea to have a separate person who could take notes in the meeting. Prompt action. Conducting a disciplinary hearing could be a nerve wracking process. It's human nature to want to delay dealing with something that we find unpleasant. However, whatever your role of disciplinary action, take us advice that disciplinary issues should always be dealt with promptly and should never unreasonably delayed me things, decisions or confirmation off those decisions. It's essential that you don't allow things to drag on from a practical viewpoint, very minor. Any issue with behavior on door capability, which remain on checked or like to escalate and send out the wrong message, leaving you with an even bigger issues to deal with. Likewise, once employee knows there is a problem, they will usually want to get it dealt with a soon as possible. Therefore, make arrangements to shed your the meeting. Once the decision to take action has been made organizing the meeting. Written notification should formally right to the employees and invite mints of the disciplinary hearing. Allow sufficient time between sending the written notification and holding the meeting so the employees can consider the allegations and evidence. Let's prefer for their case for the meeting. What should the rest of notification contain? The notification should provide full details of all the allegations and all the evidence you intense. Rely on a close adviser to provide sufficient information about the alleged misconduct or poor performance. But it's possible consequences to enable the employees for to answer the case of the disciplinary meeting. It would normally be appropriate, spurred by copies of any written evidence which may include any witness. Statements with the notification include copies of any written evidence which may include any witness statements or all the relevant paperwork with the notification. Make it clear to the employee if dismissal is a possible outcome, inform the employees of their right to be accompanied to the meeting by a fellow worker or, as applicable a trade union representative. US. Whether any reasonable adjustments need to be made to the arrangements. If the employees disabled advice the employees of the date, time and place of meeting, but the employees know who else will be present at the meeting. Clarify how the employees should concept you attendance. Whether or not they will bring any companion with them re arranging the meeting. It is reasonable to rearrange the meeting once. This is particularly important. If the employees companion is not available of the original dates, I dearly and to rearrange to another time that falls within a period of five working days of the original dates. The venue. It may seem obvious, but the disciplinary hearing should be held. That's a reasonable time during the employee's normal working hours in a private meeting room where you're not be interrupted where possible, particularly if there's a number of attendees and witnesses organized two separate rooms. So there somewhere comfortable people toe weight in a private area, which could be used if either party needs in a German's being prepared before the meeting. A disciplinary meeting is not something you should attend without any preparation in the hope that you can read up about what's happened as a meeting is taking place. This is unprofessional and shows a distinct lack of respect for the employees remember that, dependent on the nature of the incident or behavior which leads to the meeting, you may well be about to make a major life change. The employees, particularly for persons employment, is terminated. HR Professionals and Acre suggests that before any disciplinary meeting, you should prepare questions in advance of the hearing and ensure that you have a complete pack of all the notes on what is related to the investigation. Review the employees file, see if there are any relevant corn information on the father. Similar types of incidents. Review the A cast disciplinary code of practice and supporting guidance training for monitors. A cast firmly believe that those responsible for using and operating the disciplinary rules and procedures, including managers at all levels, should be trained for the task. Before any manager undertakes a disciplinary meeting, the employer should ensure that the manager feels able incompetence perform. The task has had the opportunity to undertake any training. This will not only avoid an unpleasant a non productive meeting but could save the employees from being involved in an employment tribunal. But the meeting introductions, as with any meeting, start by making the attendees as comfortable as this type of meeting convey be by welcoming and introducing all of the parties and their roles within the meeting. You should then explain the purpose of the meeting I e. To consider whether formal action is necessary and explain how the meeting will be conducted. May also wish to check whether the participants are happy with the use of first names. If this is your intention, requests all attendees turn off electronic devices to avoid unnecessary interruptions during the meeting and advise unless you wish to do otherwise, your organization expressly prohibits the recording of meetings where applicable US all communications go through You is a church. You're in the missing companions if the employees brought along a companion, particularly in our trade union representative or someone experience and attending disciplinary meetings. Although experienced attendees presence, it's worth going through their role. The companion can put the employees case somewhat like case, respond on the employee's behalf to any view expressed of the hearing and conferred with the employees. Join the herring. However, the companion usually has no right to answer questions on the employee's behalf. Address the hearing if employees indicates that they don't want the companion to do so. If the employee does not have a companion with them, check their happy to proceed without a companion and document this within the minutes. Clarify what will happen. Confirmed the purpose of the meeting. Stop by confirming with the employees that they have received the letter notifying them of the meeting together with all the associated documentation fighting. Advance disclosure of the case. Next confirmed with the employees that they understand that this of formal disciplinary hearing, which will be conducted in line with your organization's disciplinary procedure we're applicable. Advised that one potential outcome of the hearing could be dismissal outlined the proceed. You explain the process and how you intensive conduct the meeting. You may also wish to confirm what documentation is available and has been provided both from the employer on the employees. Discuss the Germans, particularly the meetings before a panel. You may want to clarify the any request for German should be made by the chair. Otherwise, you should advise that reasonable the Germans will be acceptable and identify the location of the rooms available both management and employees. No taking, ideally should have someone available. State notes and, if so, explain that that person will take notes for the decision making on that summary of these notes could be provided to employees if they ask for its whether it's no designated notes, a confirmed both employees on their representative. Welcome to make their own notes. Make sure that you invite any queries because attendings may have concerns, but we ensure how and went to raise them. The issues explain the issues or concerns as they appear on the notice provided to the employees present. The findings of the investigation, together with all previously circulated statements on door written material gathered during the investigation and any witnesses should be called avoid introducing any allegations at this stage, one of the common pitfalls that can happen at disciplinary meetings, the employees reply. Employees must then have the opportunity to state their case and present evidence, including all previously circulated statements under material and call any witnesses as applicable. You may wish to support the employee, tow us the employees if there are any account statements included, which they disagree with, and if so, why they disagree, asking the employees to recall, in their own words what happened on the day, inviting the employees to provide any mitigating circumstances they would like to taken into consideration. A cast. Make it clear that this a plenary meeting you must always be conducted courteously unfairly, with the emphasis being on establishing the facts. So this end, all parties should be free to us questions politely and comments appropriately. Something go after general questioning and discussion. Both parties should be given. The opportunity is summarized. Their main points. The Germans. The decision makers should take the opportunity to adjourn and consider the decision in privates as a cast. Advise if it is necessary to call one order of the parties to clear any points of Unser City on evidence already given both parties should be invited to return while these matters are cleared up. The decision everyone involved will be recalled an informed of the decision right to the employee summarizing the outcome of the hearing, confirming any next steps including, for example, any agreed actions and timescales giving information about their right to appeal. Finally, make sure that you record a summary of the discussions, including any agreed actions and timescales for improvements, etcetera and sure that the records are factual, unambiguous and constructive, particularly because the employee may see these securely store records, since they may subsequently required within later procedural stages and share with all relevant parties, including the employees. Finally remember that the nature of the disciplinary hearings air stressful for all concerned, it's important to have a well planned for inconsistent approach, not now complete secession from dates a little, and thank you for joining me.
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