Whenever I am contacted by an employee who has been invited to a Disciplinary Hearing, one of the first questions I ask is have they received the Disciplinary Pack. This is a crucial component of any Disciplinary Procedure, but not all employees are aware of this important element. This blog looks at what a Disciplinary Pack is.
Disciplinary Process
An employer can implement a Disciplinary Procedure against any employee if a complaint has been made against the employee in respect of their conduct, behaviour or actions.
If the employer has their own Disciplinary Policy, it is important that policy is followed fully and properly. If the employer does not have their own policy, they should follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.
By way of summary, the disciplinary process should follow the following structure:
- Employee is informed of potential allegations against them. At this stage, the employee may be suspended if the allegations are serious. Any suspension should be confirmed in writing, and the employee will still be entitled to full pay.
- The Employer should investigate the allegations. This may include having investigation meetings with the employee to gather facts and information.
- If the Employer feels there is a case to answer, the matter shall be progressed to a Disciplinary Hearing. At this stage, a Disciplinary Pack should be provided (discussed in detail below).
- The Disciplinary Hearing is where the employee and employer can discuss the allegations and evidence in full. This is where the employee has the opportunity to put forward their case.
- The Employer will decide on whether a sanction should be issued.
What Is a Disciplinary Pack?
A Disciplinary Pack is a bundle of documents which the Employer has collected during the investigation stage. It should contain all the evidence the Employer has collated and intends to rely upon at the Disciplinary Hearing.
There is no definitive list of what documents should be in a Disciplinary Pack, but below is a list of common examples:
- A clear and detailed list of the specific allegations against the employee.
- Witness Statements from the accuser / witnesses/ managers etc.
- Photographic evidence / CCTV footage
- Emails, memos, letters that relate to the allegations
- Copies of any relevant company policies (e.g. disciplinary policy, code of practice, equality and diversity policy)
- Screenshots of diary entries, timecards, work sheets
Why Do I Need to Receive a Disciplinary Pack?
If an employee has been invited to a Disciplinary Hearing, it is crucial that they prepare for the Hearing by preparing a Disciplinary Statement.
This statement should be the employee’s response to the allegations and their defence. In order to be able to fully and properly prepare a response, the employee needs to have all the facts and details relating to the allegations.
It is during the Disciplinary Hearing that the Employer will consider all the evidence and the Employees position before making a final decision. Therefore, the Employee must also be given the opportunity to review this evidence by way of the Disciplinary Pack.
When Should I Receive the Disciplinary Pack?
The Employee should receive the Disciplinary Pack within a reasonable period before the Disciplinary Hearing. Unfortunately, reasonable period is not a defined term.
I Have Not Received a Disciplinary Pack – What Should I Do?
If you have been invited to a Disciplinary Hearing but have not received a Disciplinary Pack, it is vital that you immediately raise this with your employer and request the full Disciplinary Pack. You can request the Disciplinary Hearing is postponed until you have received the disciplinary pack.
If your Employer continues to refuse to provide you with a Disciplinary Pack, you may have grounds to challenge the procedural fairness of the Disciplinary Procedure by way of an appeal, grievance or potential Employment Tribunal claim.
Please note the ability to bring claims at the Employment Tribunal will depend upon multiple factors including your years of service. You should always take specialist employment advice before lodging a claim with the Employment Tribunal.
How Can Lincs Law Help You.
If you would like further help and advice in respect of a Disciplinary Hearing and how to prepare, please call us on 01522 440512 for a free, no obligation, initial phone enquiry or use our booking form above. For more information on the services we offer, please visit our website: https://lincslaw.co.uk/services/employees/workplace-problems/
Jasmine Stewart
Specialist Employment Solicitor
Tags: defending disciplinary allegations disciplinary evidence Disciplinary pack Invited to Disciplinary Hearing jasmine stewart lincs law employment solicitors Specialist Employment Solicitors