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Make sure you do things right when you discipline an employee, with this disciplinary hearing letter. This notice of disciplinary hearing sets out in clear and simple terms the process to be followed and the employee's rights, helping ensure that the employer complies with the laws on unfair dismissal. It covers the disciplinary allegations, witnesses at the hearing and witness statements, the right of the employee to bring a companion and potential sanctions.
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This letter sets out in clear and simple terms the process to be followed and the employee's rights. It covers the disciplinary allegations, witnesses at the hearing and witness statements, the right of the employee to bring a companion and potential sanctions.
If you are formally disciplining an employee for misconduct, this letter helps to ensure an employer complies with the laws on unfair dismissal. In particular, it is designed to fulfil certain requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures.
Make sure that you include enough information about the allegations against the employee so they are able to fully understand what they are accused of. If the alleged behaviour breaches a specific rule in the employment contract or handbook, say this. The letter should also give details of the time and venue for the disciplinary meeting and advise the employee of their right to be accompanied at the meeting.
If dismissal is under consideration then this must be stated in advance in this letter or the dismissal may be considered automatically unfair. Employees can normally only be dismissed for a first offence if it is gross misconduct.
Before the hearing, ensure that all the correct arrangements are in place as set out in your business' Grievance procedure or Disciplinary policy. The employer should set out the allegations in full and allow the employee a reasonable opportunity to present any evidence and defence. The employee must also be allowed to call witnesses. Read How to run a disciplinary hearing for further information.
A senior member of staff or manager will normally be the person who chairs the meeting and makes the decision about any disciplinary sanction. It should be someone who was not involved in the allegations unless this is impossible due to the size of your organisation. It is not essential that the person chairing the meeting be a more senior member but is recommended.
The ACAS Code of Practice on Disciplinary and Grievance Procedures says that the employee must have a reasonable opportunity to call witnesses to the hearing and the opportunity to make points to the meeting about witness evidence.
If possible it can be useful to have an HR person present to ensure the right process is followed. You should also have someone there to take minutes of what happens at the meeting. Also, a witness may be present.
The employee must be given a reasonable opportunity to appeal the decision. This would usually be set out in the business's grievance and disciplinary policy. The employee would need to appeal in writing and state their grounds for appealing. If you choose to accept an appeal by the employee you can respond with a Letter inviting an employee to an appeal hearing for misconduct.
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