When it comes to disciplinary hearings, there are certain procedures your employer should follow. Before taking any disciplinary action, your employer should first meet with you to discuss the problem and raise their concerns. Your employer may then call a disciplinary meeting, also called a hearing. During this meeting, the employer should explain the complaint against you, look at and go through the evidence presented, and give you a chance to tell your side of the story.
You have the right to have someone accompany you to your disciplinary hearing, though normally you will need to tell your employer about this first. This person can either be a colleague, a trade union representative, or a trade union official. If you can’t find a colleague to accompany you and you’re not a member of a union, you may also be able to bring a family member or a Citizen’s Advice Bureau worker – though your employer does not have to agree to this (unless their consent is stipulated in your contract.)
Possible outcomes of your hearing could be no action, a written warning, a final warning, a demotion or a dismissal. Disciplinary procedures as part of your employment contract must be followed, and if your employer includes procedures in your contract and then does not follow them you could sue for breach of contract.
A grievance complaint is a complaint made by you, against your employer, when you are unsatisfied with the informal way your company has tried to solve your problem. However, you should try to solve your problem informally before following the grievance procedure. There should somewhere be a grievance procedure written by your employer with instructions you need to follow, likely to be in your contract or in your employment handbook, or possibly on your company’s intranet website. The procedure should include writing a letter to your employer stating the details of your grievance, followed by a meeting with your employer to discuss the issue.
For further information or to discuss your case with our team of legal experts call us on 0161 402 0213.