If you are facing a disciplinary or grievance hearing at work our expert Employment law Solicitors can help you understand your employment law rights and options.
Our employment lawyers have substantial experience in advising employers and employees on disciplinary policies and procedures and, with expert knowledge, provide focussed and robust employment law advice.
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Preparing for a Disciplinary Hearing
Whether an employer is undertaking disciplinary proceedings against an employee or an employee has decided to make a grievance against an employer, it is important to understand your employment rights as well as your employer’s disciplinary or grievance procedure.
Before a hearing, employees must be given sufficient notice to allow for thorough preparation.
In cases of disciplinary action against an employee, the individual employee should be notified in writing of the following:
- Accusation details
- Documents that may be referred to during the disciplinary hearing
- Potential sanctions
- The right to be accompanied by a representative from a trade union or by a work colleague if required
- When and where the disciplinary hearing will take place
All employers must follow the ACAS Code of Practice on disciplinary and grievance procedures to ensure fairness and transparency.
An employer will breach the ACAS Code if they fail to provide the employee with advance information or do not inform the employee of their right to appeal the decision made at the disciplinary hearing. If you believe your employer has failed to follow the ACAS Code of Practice, it is important to take legal advice as soon as you can to protect your interests.
The Right to a Fair Disciplinary Hearing
Employers must gather evidence and witness statements before a disciplinary hearing and must keep an open mind until the disciplinary process is complete.
An employer does not hold all the power at a disciplinary hearing as employees have the right to a fair hearing and the right to be supported by their union, representative or colleague should they wish. An employer must also consider whether an employee has a disability that may affect their ability to participate in the hearing and, if so, make reasonable adjustments. Alternatively, an interpreter may be required to assist an employee.
Help With a Disciplinary Hearing and Grievances
Our Employment Solicitors can help you prepare for a disciplinary procedure or grievance hearing so you understand the process and can answer questions confidently and competently.
We can also help you to prepare a disciplinary or grievance statement, set out your side of the story in writing, and address the key points from an employment law perspective.
How Macks Can Help
We will thoroughly explore your case and determine the best course of action that is tailored to your specific needs.
We will discuss the funding arrangement that best suits your situation and provide you with efficient, practical advice.
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