Being told that you are facing disciplinary action at work can be worrying, particularly if you have never been through the process before.
You may be concerned about losing your job, unsure exactly what you are accused of doing, or feel that your employer has already made up their mind before hearing your side of the story.
Whatever the circumstances, try not to react hastily. Understanding what is being alleged, gathering the relevant information and preparing properly for the meeting can make a significant difference.
What is a disciplinary meeting?
A disciplinary meeting is generally part of an employer’s formal process for dealing with concerns about an employee’s conduct or, in some circumstances, their performance.
The meeting should give you an opportunity to hear the concerns being raised and respond to them.
Before attending, read everything your employer has provided carefully. You should understand what you are alleged to have done, when the alleged events took place and what evidence your employer is relying upon.
If the allegations are unclear, consider asking for further information before the meeting.
Should my employer investigate first?
Generally, an employer should establish the facts before deciding whether formal disciplinary action is appropriate.
Depending on the circumstances, this may involve speaking to witnesses, reviewing emails or other records and holding an investigatory meeting with you.
An investigation and a disciplinary hearing serve different purposes. An investigation is intended to establish the facts, whereas a disciplinary hearing gives the employee an opportunity to respond before a decision is made.
If you believe important evidence has been overlooked, make a note of it so that you can raise the issue.
How should I prepare?
Preparation is important.
Go through each allegation individually and write down your response. Try to focus on facts rather than emotion, even if you believe you have been treated unfairly.
Gather any documents that support your position. These might include emails, messages, meeting notes, rotas, policies, performance records or other relevant information.
It can also be helpful to create a simple timeline showing what happened and when.
Think about whether anyone else witnessed relevant events and whether there is information your employer should consider before reaching a decision.
Can I take someone with me?
Employees have a statutory right to be accompanied at certain disciplinary hearings by an eligible companion, such as a fellow worker or trade union representative.
Your employer’s own disciplinary policy may provide additional rights.
If you would like someone to accompany you, check the relevant policy and make your request in advance.
Having somebody with you can provide reassurance and may also help you keep track of what is discussed during the meeting.
What should I do during the meeting?
Listen carefully to the allegations and questions being put to you.
If you do not understand something, ask for clarification. If you need to refer to a document before answering, say so.
Try not to speculate about something you genuinely cannot remember. It is usually better to explain that you are unsure than to provide an answer simply because you feel pressured to respond.
You should also make sure that any important evidence or explanation supporting your position is brought to your employer’s attention.
What if I think the process is unfair?
Employers should follow a fair process when dealing with disciplinary matters.
Depending on the circumstances, relevant questions may include whether you were clearly informed of the allegations, whether an appropriate investigation took place, whether you were given an opportunity to respond and whether the employer genuinely considered your explanation before making its decision.
Keep copies of letters, emails and documents you receive throughout the process.
If you have concerns about how the disciplinary procedure is being handled, consider raising them appropriately and keeping a written record.
Could I lose my job?
Dismissal can be a possible outcome of disciplinary proceedings, but it is not the only outcome.
Depending on the seriousness of the allegations, an employer may decide that no further action is required or issue a warning.
Where allegations concern particularly serious conduct, dismissal may be considered.
The circumstances of the incident, the available evidence, your employment record and the employer’s policies may all be relevant.
If you have been told that dismissal is a possible outcome, obtaining legal advice before the hearing may help you understand your position.
What if I have already been dismissed?
You may have a right to appeal the decision internally.
Depending on your circumstances, you may also need advice about whether you could have a potential employment claim.
Employment disputes can be subject to strict time limits, so it is important not to delay seeking advice.
How Penerley can help
Facing disciplinary action can be stressful, particularly when your employment, professional reputation and income may be at stake.
Obtaining advice early can help you understand the procedure, prepare your response and identify any concerns about how the matter is being handled.
If you are facing disciplinary proceedings, dismissal or another workplace dispute, contact Penerley to discuss your circumstances and the options available to you.
