A disciplinary hearing is a formal meeting called by an employer. Such hearings take place following an investigation, during which the employer presents the case made against the employee. The outcome of such a hearing can be no formal action, a written warning or even dismissal. In some instances, if you are subject to a professional body, your employer may report you to that body in order to have your credentials temporarily or permanently removed.
Employees attend disciplinary hearings because either an allegation of misconduct has been made against them, or their employer has concerns about their performance, or both. The employer could, for example, have called a meeting to investigate a complaint by a co-worker, manager, service user, patient or customer; Conversely the company itself may have issues it wishes to address. Irrespective of the cause, its motivation or legitimacy, it is often difficult for an employee facing such action, and to do so – alone.
In the event your employer takes disciplinary action against you, you have the Statutory Right (in law) to be accompanied to the hearing. This right enables you to be accompanied by a colleague or a Trade Union Official. You have this right regardless of whether your employer recognises the trade union you are a member of, or indeed any trade union.
Taking a colleague into a hearing may be useful to provide moral support; and although it’s common for a work colleague to be sympathetic to the situation of the person undergoing the disciplinary procedure, they are however often reluctant to “rock the boat” in matters relating to their own employment. Situations of this nature require an individual that is specifically positioned to objectively look after your interests.
Facing a disciplinary hearing can be one of the most stressful employment events encountered through your working career. A negative outcome at a disciplinary hearing has the potential to damage careers and more. Our casework service provides invaluable support at such a crucial time, and seeks to avoid career damaging outcomes.
The IDU provide experienced Trade Union Representative to accompany its members at disciplinary hearings, who will provide the much-needed support and representation at such a crucial time. Having legal representation (such as solicitors or lawyers) at a disciplinary hearing is not a statutory right, and is rarely permitted by an employer, which makes having an experienced Trade Union Official at hand – essential.