Can a disciplinary be predetermined?
If you receive the disciplinary investigation report and is concerned it is biased, incomplete or misleading, this may be an indication that the outcome of the disciplinary hearing is predetermined and will go against you.
What can you do if you do not agree with the outcome of a disciplinary outcome?
If you are still unhappy with the outcome of the disciplinary meeting, you might be able to make a claim to an employment tribunal. You can find out how to start an employment tribunal claim. If you need help deciding what to do, you can talk to an adviser.
Who decides disciplinary outcome?
After following a fair disciplinary procedure, the employer should decide on the best outcome based on: the findings from the investigation and meetings. what is fair and reasonable. what their workplace has done in any similar cases before.
Should a disciplinary be confidential?
The disciplinary outcome and details must remain confidential. However, where appropriate, it can be a good idea for the employer to talk privately with any staff who knew the disciplinary procedure was happening. This can help avoid any negative effects on the business, for example: bad feeling.
What is the next step after a disciplinary?
If the matter of concern giving rise to disciplinary action is sufficiently serious, or if there is still an active final written warning on your file when the disciplinary procedure is instigated, then the next level of sanction is dismissal.
Is disciplinary action confidential?
An employer may have to produce employee disciplinary records to defend its actions in response to third-party subpoenas, for example. “Under the NLRA, employee discipline cannot be kept confidential,” he noted.
What happens in a disciplinary investigation?
A disciplinary investigation is where your organisation needs to look further into the conduct of an employee, or to ascertain the facts surrounding an incident or allegation, prior to taking disciplinary action. It is not always the case that a disciplinary investigation will result in a disciplinary hearing.
Does an employer have to disclose a disciplinary In a reference?
How can I confirm the outcome of a disciplinary meeting?
This can be done by reconvening the disciplinary meeting and delivering your decision in person. Whether or not you choose to do this, you must confirm your outcome decision in writing and provide a copy of this to your employee, within a reasonable time following the disciplinary meeting.
Can a disciplinary action be imposed on a new allegation?
New allegations that come to light during the investigatory stage can be added to the process, but any disciplinary sanction must be imposed only in respect of allegations that were properly investigated and brought to the employee’s attention as part of the proceedings. Read ful Stephen Simpson is a principal employment law editor at XpertHR.
What happens in the early stages of a disciplinary process?
It is the early stages that foundations for any later stages of disciplinary. Failure to carry out a fair and reasonable procedure, and make a fair decision at the first stage of the disciplinary process, can make what could be a straightforward dismissal, high risk or untenable, due to an earlier procedural flaw.
What should I do if I receive a disciplinary warning?
Some other action-stopping short of dismissal – e.g. demotion/removal of duties It is helpful to remember that the fundamental purpose of issuing a disciplinary warning is to seek to correct, improve and/or cease the ‘bad thing’ that your employee has done.