Preparing for a disciplinary hearing is, understandably, a difficult and stressful process. I always advise my clients to prepare a written disciplinary statement ahead of a disciplinary hearing. Please read on for my tops tips on how to prepare a disciplinary statement.
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 your 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.
For more information on Disciplinary Proceedings, please see our website: https://lincslaw.co.uk/services/employees/workplace-problems/defending-disciplinary-allegations
My Top Tips
Each person’s disciplinary statement will be unique and will, of course, depend on your own personal circumstances. However, the following top tips can be used as a general guide:
- Prepare a written statement and take two copies to the Disciplinary Hearing. Give one copy to the Chairperson of the meeting and retain a copy for your reference throughout the meeting. Request the Chairperson reads the Statement during your Hearing and request the meeting minutes reflect your request.
- Discuss each separate allegation in turn. Use headings to distinguish between each allegation. For each allegation, put forward your version of events. Include any evidence you have in support of your defence.
- Review any evidence your employer has relied upon during the investigation stage. Discuss any inaccuracies or discrepancies within your statement.
- Highlight any procedure inaccuracies or unfairness. It is important that your employer follows their own disciplinary policy. If your employer does not have a specific policy, they must follow the ACAS Code of Conduct on Disciplinary and Grievances. If they have failed to follow the correct procedure, bring to their attention what policy they have breached and how this has affected you.
- Discuss any mitigation factors. This could include your years of service, positive appraisals or reviews, an unblemished service record, good peer / client reviews etc.
- If you have genuinely and innocently made a mistake, it may be appropriate to acknowledge this, apologise for that mistake and confirm how you will ensure the mistake isn’t made again.
Lincs Law Employment Solicitors Can Help You
If you would like further help and advice in respect of defending disciplinary allegations, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. 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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