A required five-point guide to give you a good chance to beat a disciplinary hearing

A required five-point guide to give you a good chance to beat a disciplinary hearing

You have heard of a survival kit to get the best from emergency situations, so why not follow this essential survivors’ guide to a disciplinary hearing.

There are few work-related and career threatening dangers more daunting than facing formal allegations of wrongdoing in the workplace.

Receiving an invite to attend a disciplinary hearing can be a huge shock, worrying and incredibly distressing.

It can trigger genuine fear and cause immense mental and emotional anguish and suffering.

Whether the potential outcome to a disciplinary hearing at work is a formal warning or dismissal, the potential repercussions for your career can be wide-ranging and extremely serious.

One of the most worrying things about finding yourself in such a situation is that the outcome can go against you – even when you deny an allegation.

Employment law is full of examples of unfair dismissal cases. There are many instances in which an employee was dismissed without a fair reason or proper procedure, despite not deserving to lose their job [1] cited 2.6.25

If you are unfortunate enough to be facing a disciplinary hearing at work, then surviving the process and success is not about manipulation or avoidance, but more about preparation, clarity and the effective presentation of your case.

There is never a guarantee you will achieve a successful outcome to a disciplinary hearing, but you want to put yourself in the best possible position to do so.

Here we take a look at five key steps to help you navigate your way through a disciplinary hearing with confidence, ensuring you present your case effectively while protecting your rights.

1. Make sure you understand the process

Your employer’s disciplinary policy should explain how a disciplinary hearing will be conducted, which can vary. However, it should align with the ACAS Code. [2] cited 2.6.25

You should be provided with the evidence of any allegation levelled against you prior to a hearing.

The meeting will allow you to respond to that evidence. The disciplinary hearing chair or HR advisor acting on behalf of your employer can ask you questions.

In some instances, the individual who conducted the disciplinary investigation may attend the hearing and present the case against you and call relevant witnesses to support it.

You will typically then be given the opportunity to ask questions of the investigator and witnesses, and then present your case and face questions.

If a disciplinary hearing is conducted in this manner you should also be informed in advance that you can call relevant witnesses.

Understanding exactly how the hearing will be conducted is essential, as it allows you to prepare appropriately - and good preparation will give you the best chance of getting the outcome you deserve.

2. Focus on the allegation/s

Your employer is required to be clear about any allegation it wishes to put to you.

It is understandable that you may be upset or even angry to find yourself facing a disciplinary hearing, but it is essential you keep your cool and focus on the stated allegation.

You must provide a clear and relevant response to the alleged wrongdoing. Do not get distracted by irrelevant matters, which can detract you from effectively addressing the claims levelled against you.

Staying focused on an allegation and any evidence to support it, and directly addressing and rebutting it, will allow you to best defend yourself in a strong, structured and most effective manner.

A disciplinary hearing is an organised process, so referring to other unrelated matters can weaken your case.

However, if you do have other legitimate work-related concerns, you can and should raise a grievance. [3] cited 2.6.25

3. Take a companion

You have a statutory right to be accompanied at a disciplinary hearing by a work colleague, trade union representative or official employed by a union. [4] cited 26.25

The support of a companion can be invaluable at a disciplinary hearing, which can be upsetting, uncomfortable and nerve-wracking for even the most confident or senior employee.

Your companion can:

• Set out your case.
• Respond on your behalf to any comments or points made at the meeting.
• Talk with you during the hearing.
• Take notes.
• Sum up your case at the end of the hearing. 

But whoever you choose to accompany you to the hearing cannot  answer questions put directly to you, interrupt or disrupt the meeting, or act in an unreasonable manner that prevents the employer from explaining its case.

The best companion you can have for a disciplinary hearing is an experienced trade union representative.

You have the right to be accompanied by a trade union representative at a disciplinary hearing, even if you are not a trade union member or your employer does not formally recognise the union.

We can provide you with the support of one of our skilled trade union representatives for a disciplinary hearing if you contact our Employee Support Centre.

4. Gather and present evidence to support your case

Think carefully and sensibly about evidence and individuals that can support your case.

If there are documents, emails or messages that can help you to refute or undermine an allegation gather that evidence, if available and accessible, and plan how best to present it.

If an allegation is serious you may have been suspended from work. The terms of suspension may mean you cannot access required information and evidence you need in which case you should request it from your employer prior to the hearing. [5] cited 2.6.25

Witnesses can provide crucial evidence in a disciplinary case, which can be compelling if it is in person at a disciplinary hearing.

Your employer’s disciplinary policy may allow you to call witnesses, so check the policy, and even if it does not, you can request to do so and refer to section 12 of the ACAS Code which does support you in making such a request.

5. Be prepared

Preparation is key and it will put you in the best possible position when it comes to planning how to beat a disciplinary hearing.

Know how the hearing will be conducted, focus on the allegation/s, arrange to be accompanied by a trade union representative, remove any emotion from the situation, view the facts impartially and be honest with yourself about if the allegations are valid, or if there are mitigating factors.

It sounds obvious but it helps if you know what you want to say when replying to a disciplinary allegation, and how you want to say it.

A prepared and written statement of case will help you to present your case in a structured, confident style, which will also ensure you do not get sidetracked, when feeling under the type of inevitable pressure that comes with a disciplinary hearing.

The statement should focus on clearly addressing any specific allegation, providing relevant facts, evidence and explanations that support your case.

The best chance of success will rest on your ability to present a clear and persuasive case and response to any allegation. Some basic tips:

• Make sure your response is concise and easy to follow – start with an overview, address each allegation separately detailing points and evidence to support your case.
• Stick to the facts and avoid emotional responses.
• Show reflection, remorse and any learning taken from the situation.

If you are going to attend the hearing without a companion then practice presenting your case beforehand, as effective delivery of it will give you the best chance of success.

Finally

If you are attending a disciplinary hearing be prepared, professional and considered.

The process can certainly feel intimidating and daunting, so understanding your rights, preparing thoroughly and presenting a well-structured response will give you the best possible chance of securing a favourable outcome.