At Lincs Law, we regularly assist employees who have been invited to a Disciplinary Hearing. One of the most common questions we are asked relates to confidentiality and whether they can discuss the Hearing with colleagues and third parties. This blog looks to answer those frequently asked questions.
If you have been invited to a Disciplinary Hearing to discuss allegations made against you, then there is a strict duty of confidentiality that you must respect and adhere to.
This duty of confidentiality means you cannot discuss the disciplinary hearing; the allegations and any investigation process with your colleagues, clients, customers or third parties.
If you do breach this confidentiality and discuss the process with these individuals, it could lead to new misconduct allegations of breaching confidentiality being brought against you. It is therefore very important that you respect of the confidentiality of any disciplinary process.
Below are some answers to the common types of questions we get asked in respect of what you can do and discuss.
I Want to Bring a Companion to My Hearing – How Do I Arrange This?
It is your legal right to bring to a Disciplinary Hearing a works colleague or Trade Union Representative as a companion.
If you are part of a Trade Union you can contact the Union and request a Representative to attend the Hearing with you. It is important that you make the Representative aware of the confidential nature of the process. You should then inform your employer that a Trade Union Representative will be in attendance.
In the alternative, if you want to ask a work colleague to attend as your companion, you should inform the employer of your chosen companion and request clarification on whether you can approach them to discuss the necessary arrangements or whether your employer will do that.
I Want to Ask Witness to Give Evidence at My Disciplinary Hearing – How Do I Arrange This?
You are entitled to submit evidence to support your submission at any Disciplinary Hearing. This evidence can include witness evidence.
However, I do not recommend that you approach colleagues or witnesses on your own and asking them to give a statement or attend the hearing. You should not conduct your own investigation. That will breach confidentiality and that will put you at risk of further misconduct allegations.
Instead, you should approach your employer and explain there are individuals who you want to be interviewed and give evidence as witnesses as part of your defence. You need to request clarification on what process needs to be followed to allow those individuals to be spoken to and statements taken.
It is important that you do not discuss the disciplinary hearing with colleagues without first obtaining written consent from your employer to do so.
I Want to Obtain Third Party Evidence such As CCTV Footage – How Do I Arrange This?
Again, I would express caution over carrying out your own investigation and approach third parties to ask for CCTV footage. This type of action will likely breach the duty of confidentiality and put you at risk of additional misconduct allegations.
As discussed above, you need to approach your employer and make a formal request that they obtain this evidence as part of the disciplinary and investigation process as you consider it is relevant to your submissions.
What If My Employer Refuses My Requests?
I appreciate it can be frustrating if you employer refuses a request to interview a witness or obtain evidence you have requested. However, their refusal does not mean that you can then carry out your own investigation or make your own enquiries, as the duty of confidentiality will still exist. You may be putting yourself at further risk by breaching your duty.
Instead, I recommend that you raise this refusal in your disciplinary statement and at your disciplinary hearing as procedure unfairness or unreasonable behaviour by your employer.
Lincs Law Employment Solicitors Can 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/
Jasmine Stewart
Specialist Employment Solicitor
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