Guide to chairing a disciplinary hearing

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Employment law compliance

Our Guide to Chairing a Disciplinary Hearing ensures confident and fair hearings, helping managers navigate disciplinary processes effectively.

5 minute read • 14 December 2024
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chairing a disciplinary hearing

Introductions

The person leading the hearing (the chair) will introduce the hearing, and explain its purpose and how it will be conducted. The purpose of the hearing will normally be to establish the facts and determine, on conclusion of the hearing, whether the organisation has proper grounds to take disciplinary action against the employee and, if so, the level of such disciplinary action.

The parties present at the hearing will introduce themselves and confirm their respective roles in the hearing.

The chair will state that the hearing is being conducted as part of the organisation's disciplinary procedure, and confirm that a written record of the hearing will be made.

Witnesses

The chair will state whether any witnesses have been asked to give evidence at the hearing, and if so, who they are.

The right to be accompanied

The employee will be entitled to be accompanied, if he/she wishes, by a fellow worker or trade union official of his/her choice.

Background

The chair will explain fully the organisation's case, i.e. the employee's alleged or suspected misconduct or

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What is this for?

This guide provides a framework to help an employer navigate the considerations that must be addressed when chairing a disciplinary hearing.

A competent and well-run disciplinary hearing is essential for any reasonable misconduct dismissal.

As such, anybody tasked with chairing a disciplinary hearing must ensure that the hearing is handled in a fair way.

guide to chairing a disciplinary hearing
  • Employment Rights Act 1996: Provides guidelines on conducting fair disciplinary hearings and ensuring employees' right to be heard.

  • Equality Act 2010: Ensures equal treatment during disciplinary processes, preventing discrimination based on protected characteristics.

  • ACAS Code of Practice on Disciplinary and Grievance Procedures: Offers best practices for handling disciplinary hearings and promoting procedural fairness.

  • Data Protection Act 2018: Ensures proper handling and privacy of employee data during disciplinary hearings.

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