How to Prepare for a Disciplinary Hearing

A disciplinary hearing can be extremely awkward and stressful for everybody concerned. In this article, we’re sharing tips on how to prepare for a disciplinary hearing to ensure fairness and accuracy.

For many people, work makes up a major part of their life and is something that they take great pride in. So, when something goes wrong and you face disciplinary action or a solicitors disciplinary tribunal, it can be incredibly stressful.

In this article, we’re sharing our tips on how to prepare for a disciplinary hearing. 

What is a disciplinary hearing or tribunal?

A disciplinary hearing or tribunal will take place when an employee is accused of failing to perform adequately in their role. Such action may be taken against an employee for a variety of reasons, including:

• Suspected fraud or theft
• Failing to meet targets
• Insubordination
• Repeated / prolonged sick leave without adequate documentation from a doctor or healthcare professional
• Habitual lateness
• Failing to perform to required standards
• Errors which cost the business money

In most cases, the hearing or tribunal will take the form of a meeting attended by the employee, the employee’s manager or supervisor, a representative from HR, and the employee’s representative. 

During the hearing, HR will present the case against you, after which you will be given the opportunity to present your defense. At the end of the hearing, a decision will be made regarding your future in the company, and you will be notified of this in writing.

Before and during the hearing proceedings, you may, depending on the circumstances, either be suspended or have your activities restricted; for example, you may not be able to access certain systems. 

How to prepare for a disciplinary hearing

If you find yourself to be the subject of a disciplinary hearing, it’s extremely important to make sure that you do everything that you possibly can to defend yourself. Some things to remember for this, include:

Preparation

First, make sure that you have been given written notification of the hearing which includes the reason – i.e. the wrongdoing that you are being accused of. 

If you feel that the accusation is wrong or unfair, you will need to gather as much evidence as you possibly can to support your case. For example, if you are being accused of taking too much sick leave without documentation, you may gather doctor’s notes as evidence.

If the accusation is accurate but you feel that there are extenuating circumstances, you should write down these circumstances in as much detail as possible. For example, the hearing is focused on the fact that you have failed to meet targets. While this may be correct, you might point out that the targets set were grossly unrealistic, and back this up with facts and figures.

Having support

When attending a disciplinary hearing or tribunal, you have the right to have somebody with you for support. While this can, if you wish, be a friend or family member, it’s usually best to choose a colleague. Where possible, choose a colleague who knows your role and the challenges that you are faced with.

Although your representative will not play an active role in the hearing, it can be useful to choose a colleague who, as well as support, will also serve as a witness should you take issue with anything that happens or is said during the hearing. 

What if the decision goes against you?

Unfortunately, there is always the chance that the result of the hearing won’t be the one that you hoped for. You should, in most cases, have the right to appeal the decision. This will mean that the company will review your case again and there will be another meeting during which you will need to present evidence. 

If your appeal is unsuccessful, you may, in some circumstances, have grounds to bring an employment tribunal against the company, for which you will need to secure the services of a solicitor. In 2022, there were 630 successful employment tribunals in the UK; a significant increase on previous years, however, not all cases are successful.

A good solicitor will advise you to think long and hard before choosing to embark on an employment tribunal as you may have to pay for your legal representation with no guarantee of a favourable outcome depending on the evidence against you. 

Upholding employment standards

When faced with a disciplinary hearing, it’s natural to feel worried and even angry if you feel that the action is unjust or unfair. However, it’s important to behave in a professional manner at all times. Always bear in mind the fact that, whatever the outcome, you may still be required to work with the people involved – and that any outbursts or unreasonable behaviour will be remembered. 

The best way to defend yourself in the event of a disciplinary hearing is to make sure that you have as much evidence for your defense as possible. This means gathering any and all relevant documentation, such as emails and other correspondence, and making a note of the dates and times of any events or conversations.

As we’ve highlighted in this article, should you lose the disciplinary hearing, you do have options such as an appeal and / or an employment tribunal if you still feel that the decision made is wrong.

Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained employment law professional. Be sure to consult an employment law professional if you’re seeking advice about a disciplinary hearing. We are not liable for risks or issues associated with using or acting upon the information on this site.

Related Articles

Discipline Procedures: Disciplinary and Grievance Procedures for Download