How do I write a disciplinary hearing letter?

Following the conclusion of the investigation into allegations made against you, and in accordance with section 6 of the Disciplinary procedure, I am writing to inform you that you are required to attend a disciplinary hearing on [date *should give 10 working days notice], at [time], in [location].

What is a disciplinary hearing letter?

A disciplinary letter is a message to a member of staff regarding issues surrounding their performance or conduct in the workplace. The disciplinary hearing letter should have details of the allegations against the employee, documentation supporting the incident and the possible outcomes of the procedure.

How many warnings do you get before a disciplinary hearing?

The answer lies in the company’s disciplinary policy and code. It is recommended that you make provision for a “comprehensive final written warning” and include a provision in your disciplinary policy that stipulates that any employee who is issued with more than two valid final written warnings may be dismissed.

Can you be sacked at a disciplinary hearing?

Normally, you will be given a number of disciplinary warnings and have the chance to improve your performance or conduct. You could be dismissed straight away in cases of ‘gross misconduct’ such as theft or fighting.

How long does a disciplinary stay on your record?

Generally, if an employee maintains an acceptable level of behavior for 12 months or more, many employers agree that older disciplinary warnings normally no longer influence future employment decisions.

What makes a disciplinary hearing unfair?

If a proper procedure is not followed, the disciplinary action taken may be considered to be unfair. 3. Failing to conduct a proper investigation. A reasonable and thorough investigation needs to be followed and all relevant evidence gathered before a decision is made as to whether formal action will be taken.

Should HR be present at a disciplinary hearing?

HR should generally be used in disciplinary investigations to advise decision makers on processes and points of law as well as perhaps how similar historical cases have been treated, to ensure consistency.

What is the difference between misconduct and gross misconduct?

What’s the difference between misconduct and gross misconduct? Gross misconduct is serious enough to dismiss on the first offence, whereas misconduct is likely to involve giving the employee a second chance.

What evidence can be used in a disciplinary?

Ask for your employer’s evidence and prepare your case The evidence might include witness statements, emails or other documents. If you have not had enough time to consider your employer’s evidence and prepare your case, you should ask for more time. This should be a reasonable length of time.

What does it mean to have a disciplinary hearing at work?

A disciplinary hearing is one part of the larger disciplinary process your company should follow if you ever need to address unacceptable behaviour at work. ‘Unacceptable behaviour’ could mean a couple of things in this context – either an employee’s conduct at work or their capability in their role.

When to send a disciplinary letter to an employee?

Once the disciplinary investigation has been completed, it’s time to send the disciplinary letter to the employee. This letter is meant to notify them of the issues you want to discuss at the disciplinary hearing, help them understand what is going to happen at that meeting and give them reasonable time to prepare.

Do you need to sign handwritten minutes of disciplinary meeting?

Your handwritten minutes form the legal record of the meeting. They need to be signed off as an accurate record by the concerned parties. However, you will also need to type up your notes into a clean, properly formatted copy which may also need to be signed.

What should my disciplinary procedure be at my company?

Your company’s disciplinary procedure should be clearly laid out either in your employment contracts or in your company handbook. Having a well-defined disciplinary procedure is really important for any small business.