Blog
How to respond to any disciplinary allegation made against you at work
Published 14 November 2022
If you are unfortunate enough to be invited to a disciplinary hearing how you respond to it can really be the difference between getting fired and keeping your job -especially if an allegation is serious.
Many people who have not committed acts of misconduct, along with those who actually have, get invited to disciplinary hearings. The fear, worry and stress of being in such a situation can be overwhelming
Whether you accept or deny a disciplinary allegation, the key to getting the best result at a formal hearing is in how you deal with the position you find yourself in.
You will be invited to a disciplinary hearing with your employer to discuss an allegation of misconduct, gross misconduct or any other behaviour that merits disciplinary action [1 cited 14.11.22]
In many cases and prior to a disciplinary hearing, a disciplinary investigation will be conducted to establish the facts of a case [2 cited 14.11.22]
So, it is understandable if you fear the worst if following an investigation, or even without one taking place, you are invited to a formal hearing.
The notification to attend the meeting should clearly detail any allegation/s levelled against you, which you are expected to respond to.
It may sound obvious but make sure you know exactly what it is that is alleged.
For example, an allegation may simply state you are accused of bullying, but not give specifics of exactly what it is you have done that is considered to amount to bullying behaviour.
Ask your employer for any required clarification regarding any allegation, which does not contain sufficient information to allow you to prepare to respond to it.
Similarly, if you believe there is evidence your employer has that can help your case then ask for it in writing.
If there are emails that can support you have not acted in the manner alleged or your training record shows you have not been trained in an area of concern, ask for this information ahead of a hearing. You can present it at the meeting to support your case.
It is always a good idea to gather your evidence to challenge an allegation, or to support any mitigation if you accept an allegation, and then to write a statement which you can present at the disciplinary hearing.
A regular contentious issue in disciplinary cases is the accuracy, or rather inaccuracy of meeting notes. Having a prepared statement you can present will ensure the main points of your case are documented accurately.
You can ask if you can record a disciplinary hearing and you should ideally get the consent of your employer to do so [3 cited 14.11.22]. Many employers do now record hearings, but they do not have to agree to your request if you ask to do so.
Review your employer’s disciplinary policy ahead of a hearing, so you know exactly what to expect and how it will be conducted. The procedure should be in line with the ACAS Code of practice, which sets the minimum standard of fairness that workplaces should follow [4 cited 14.11.22]
It is always best, if possible, to take a companion with you to a hearing. They can provide crucial moral support at an extremely difficult and stressful time, put your case for you; sum up your case and respond on your behalf to any views expressed by your employer at the hearing.
Under section 10 of the Employment Relations Act 1999, you have a legal right to be accompanied at a disciplinary hearing by a trade union representative, even if you are not a member of the union, or by a colleague [5 cited 14.11.22]
If you have a disability you can ask to be accompanied by someone else and for it to be a reasonable adjustment [6 cited 14.11.22]. Your employer will have to consider this and decide if the individual is appropriate.
Good planning, being prepared, knowing what to expect and having effective support at a disciplinary hearing, is the best way to respond to a disciplinary at work.
