Alex When does an employer need to hold a disciplinary hearing?
Under ACAS guidelines, before an employer can dismiss or sanction an employee for a disciplinary issue, the employer should first hold a disciplinary hearing with the employee. The meeting must be managed correctly to avoid allegations that the employer failed to handle the disciplinary process fairly or lawfully.
What’s the standard of proof for a disciplinary hearing?
1. Misunderstanding the standard of proof for a disciplinary hearing This is not a criminal trial, your employer is not required to provide a watertight case that proves your guilt beyond reasonable doubt. A disciplinary hearing operates on a balance of probabilities.
What happens if employee does not know about disciplinary policy?
In labour law, the employee actually has the right not to know the law. This means that ignorance is an excuse. If your employee does not know what the disciplinary policies are, then he or she cannot be held liable. Be sure to keep all your employees informed of the disciplinary policies.
How to give notice of a disciplinary meeting?
Employers can download letter templates for giving an employee notice of a disciplinary meeting. The employee can also bring evidence to the hearing, for example emails, to show and talk about.
What are the steps in a disciplinary procedure?
- gross negligence or serious insubordination.
- then it becomes imperative to follow a fair process.
- Carry out an investigation.
- The disciplinary hearing.
What is formal disciplinary?
Definition of formal discipline. : disciplinary training supposedly imparted by the form of a study (as mathematics) as distinguished from its content value also : the study itself.
What is a disciplinary meeting?
A disciplinary meeting is a meeting during which: • The employer should explain the allegations and go through the evidence collated during an investigation.