Can a family member accompany me to a disciplinary hearing?
By law, an employee or worker can bring a relevant person (‘companion’) with them to a disciplinary hearing. This is called ‘the right to be accompanied’. The employee should tell their employer as soon as possible who they want to be their companion so arrangements can be made in good time.
What can a companion do in a disciplinary hearing?
Companions are allowed to address the hearing on the worker’s behalf (as long as the worker wants them to), and can put forward a response to a view expressed during the meeting, but cannot answer questions asked of the worker, or do anything to prevent the employer putting forward their case.
What is the role of a support person in disciplinary meetings?
A support person in a disciplinary meeting can provide moral support to the employee. They might be a friend, mentor, or union representative. During the meeting, they will often sit next to the employee and be available to chat about the meeting afterwards with the employee.
What should be included in a disciplinary letter?
It should include the date, time and location for the hearing. The disciplinary hearing letter should have details of the allegations against the employee, documentation supporting the incident and the possible outcomes of the procedure.
Does a disciplinary go on your reference?
If your employer does give you a reference, they are under a legal duty to make sure they are accurate and not misleading to your future employer. This means that if, for example, you were subject to disciplinary action, this could form part of the reference.
Can you get sacked at a disciplinary meeting?
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.
Can a support person ask questions?
It is important your support person does not provide personal opinions during the meeting as this is counterproductive. They can, however, question the process if needed or speak to your professional strengths. Your support person can also ask questions during the interview and seek clarification if needed.
Can I refuse a meeting with HR?
If you do refuse to attend the meeting, then your employer can (and quite possibly will) discipline you, and it may make it more difficult to pursue a legitimate legal claim.
Can you get sacked on your first disciplinary?
You could be dismissed straight away in cases of ‘gross misconduct’ such as theft or fighting. Even then, the employer should hold a proper disciplinary hearing and give you a chance to tell your side of the story first.
How long does a disciplinary stay on file?
How long a disciplinary will be held against you depends on what the sanction is. For example, a first written warning could last six months, but a final one could last twelve months.
What do you need to know about a disciplinary letter?
SAMPLE DISCIPLINARY LETTER Date Name, Address Dear (Employee): This is notification of a (written reprimand, or x-day suspension, or discharge) for violation of (contract article or work rule). (For all employees receiving actual days off without pay) Your suspension without pay will be (dates).
Can you bring a companion to a disciplinary hearing?
By law, an employee or worker can bring a relevant person (‘companion’) with them to a disciplinary hearing. This is called ‘the right to be accompanied’. The employee should tell their employer as soon as possible who they want to be their companion so arrangements can be made in good time.
Can a hiring manager write a disciplinary action letter?
It is also told that discipline in the organization is very important to be followed. However, if the employee thrills to do so unintentionally or because of careless behavior, the hiring manager and the employer has a right to write the disciplinary action letter to the employee.
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.