If you have been subjected to a disciplinary process at work, it will, understandably, be a stressful, and confusing time. This blog focuses on the 5 most common questions we get asked by clients at the start of a disciplinary process.
What is a Disciplinary Process?
Often employees are asked to attend a disciplinary meeting because their conduct or behaviour has been called into question. It may be that a complaint or tip-off has been received about the alleged misconduct. Alternatively, it could be that you are deemed to have breached a policy or practice of the employer.
The purpose of the disciplinary meeting is to discuss the alleged misconduct and for a decision to be reached on how your employer shall deal with the incident.
Top 5 Questions
- Can I Be Suspended?
Yes, your employer can suspend you on full pay whilst they investigate the allegation(s) against you. Any suspension should be proportionate, reasonable, and kept under review during the disciplinary process.
- What Are the Allegations?
You must be informed of the allegation(s) against you before you attend the disciplinary meeting. It is important you are aware of the allegations against you so you can prepare your defence in time for the disciplinary meeting.
- Can I Bring Someone with Me to My Meeting?
Yes. You are entitled to bring a colleague or trade union representative to the disciplinary meeting.
There is no strict obligation for your employer to allow you to bring a companion to the investigation meeting. However, it is often a matter of good practice to allow a companion to attend.
The usual position is that family members or friends are not allowed to act as a companion. However, if you have a disability and require a specific companion it may be a reasonable adjustment to allow that specific companion to attend.
You are not allowed to bring a solicitor or other legal representative to a disciplinary meeting.
- What Could the Outcome Be?
There are a range of different outcomes that your employer could impose. The sector or industry you work in will have an impact on the type of sanction available to your employer.
A few examples of the types of sanctions that could be imposed are:
- If the allegation is deemed to be unfounded, then no further action will take place
- Performance Improvement Plan
- Final Written Warning
- Dismissal with notice
- Summary dismissal without notice.
- Can I Appeal?
Yes. You have a right to appeal any sanction that your employer imposes on you following a disciplinary process. Your employer should inform you of your right to appeal in their outcome letter.
Let Lincs Law Employment Solicitors Help You
If you would like further help and advice in respect of a disciplinary process, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information on the disciplinary process, please visit our website at https://lincslaw.co.uk/services/employees/workplace-problems/defending-disciplinary-allegations/
Specialist Employment Solicitor
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