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If you have been invited to a disciplinary meeting this could lead to a variety of different outcomes including a first or final warning, suspension, or dismissal. Reviewing your employer’s disciplinary procedure is a good place to start. It may be that an investigation into the relevant allegations has been carried out and we can assist you in analysing whether processes are fair.
An invitation to a disciplinary meeting should confirm in writing the precise allegations, the time and place of the meeting, and your right to be accompanied. Your legal right is to be accompanied by a colleague or trade union representative but not a lawyer. Prior to the meeting you should also be provided with any supporting evidence relating to the allegations made against you. It is important that you understand the reasons why you have been invited to the disciplinary meeting so that you can adequately prepare for it. The meeting should not be an ambush.
It is worth familiarising yourself with your employer’s disciplinary policy.
A disciplinary meeting should be held without unreasonable delay whilst allowing you a reasonable time to prepare.
During the meeting you should be given the opportunity to respond to the allegations made against you and to put forward your version of events. As part of a fair process, your employer should consider your response before making any decisions relating to disciplinary action. A rushed decision by an employer about a disciplinary sanction can point to unfairness.
You have a statutory right to be accompanied by a colleague or trade union representative to a disciplinary meeting. Being accompanied to a disciplinary meeting can be useful not only to provide support but also to ensure you have an accurate note of the meeting. You may wish to seek permission from your employer to record the meeting.
When employers fail to follow a reasonable disciplinary procedure and ambush employees this can lead to unfairness. Your employer should allow you reasonable time to prepare for a disciplinary meeting. What is considered reasonable will depend on the specific facts and circumstances of your case and your employer’s policy.
If you are facing disciplinary action at work, we understand that you will be concerned about the effect that this could have on your future career and reputation.
Following a disciplinary meeting you should be informed of the outcome in writing in line with your employer’s policy. A rushed decision could appear prejudged and highlight an unfair process.
If you are dissatisfied with the disciplinary outcome, you should appeal the decision. We can you help to prepare an appeal against disciplinary action in order to protect your position and provide advice to secure the best outcome for you. An appeal is the final stage in the disciplinary process. You should not await the outcome of the appeal and delay issuing your employment claim as this could risk your claim being made out of time.
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