Solid Strategy for a Disciplinary Hearing

Solid Strategy for a Disciplinary Hearing

Thursday, 21 February, 2019 @ 16:06

My Dos and Don'ts

Why Am I Qualified to Talk About This?

As the MD of a large private investigation company a significant proportion of our business is providing employers with evidence of issues such as unauthorised absence, fraudulent injury claims and in-house theft.

I have also been in business for over 20 years and had my share of employee difficulties in the past.

In my experience, Fair Process and Evidence are the 2 keys to a successful outcome.

Fair Process

If fair disciplinary processes are not followed, an employer remains open to claims of unfair dismissal, even if the evidence is indisputable.

If an employee thinks they are going to be dismissed from their position, they may feel that they have nothing to lose. From personal experience, I know just how important it is to dot the i's and cross the t's.

It can be costly to get wrong – not only to reputation, but financially. Tribunal and compensation claims can be up to a year’s salary (or even uncapped in exceptional circumstances).

Evidence

There are 2 categories of evidence - internal and external.

Internal evidence will typically be the company’s own documents. External evidence will be provided by a trusted third party, such as a private investigation company.

To ensure you have a strong evidence trail to present at the hearing, you should:

  • Take minutes at all meetings with the employee
  • Follow up verbal communications in writing (email is sufficient)
  • Log and collate any correspondence with the employee

Your case may also require external evidence, such as that provided by a private investigation company. This can include:

  • Surveillance – to provide photographic evidence proving or disproving purported injuries
  • Vehicle tracking - to build up a pattern of movement (for example, ignoring contractual restrictions whilst on garden leave)
  • Polygraph testing - to confirm injury claims or to deal with company theft
  • Undercover investigators – if, for example, stock theft is endemic

Preparation for the Hearing

The venue should be private and convenient for the employee.

The employee should also be given adequate time to prepare for the hearing – normally a week is sufficient but this depends on the size and complexity of the case.

Even if the employee chooses to attend alone, they should be reminded of their right to be accompanied by a third party.

Ensure that somebody is present to take minutes and record what is said by both sides.

Plan for plenty of short breaks as hearings can be both stressful and tiring for all involved.

During the Hearing

It is important that the hearing follows a proper process.

A manager should be assigned to:

  • Introduce all present
  • Detail allegations against the employee
  • State the aims of the disciplinary hearing

The employee must be given a reasonable opportunity to respond, ask any questions they may have and discuss any documentary evidence that has been provided in support of the company’s case.

Just before the meeting closes, the employee should be given a final chance to add comments or questions before proceedings come to an end and the management make their decision.

The Outcome

Whatever the outcome of the hearing it is important to demonstrate that a robust procedure has been followed throughout.

The outcome will depend on a number of factors, including the severity of the employee’s actions and the company policies in place.

Finally, it is important to demonstrate that the outcome has been designed to improve performance of the employee, or the company. If the outcome is seen purely as punishment of the employee, this may provide grounds for appeal.

ACAS

ACAS has a code for carrying out fair procedures with regard to employee disciplinary hearings. The document is dry, but short, and gives more detail on the points raised here. Non-compliance, without good cause, can result in a dismissal being ruled as unfair, and compensation claims can rise by up to 25%.

The document is available here:

http://www.acas.org.uk/media/pdf/p/f/11287_CoP1_Di...

Going to Court?

If the employee decides to take the company to court for unfair dismissal, it is worth remembering that the more supporting evidence the judge has to consider, the stronger your case will be.

However, if the evidence is strong enough (either that provided by the company, or a private investigation agency), cases frequently conclude without the need for a court hearing.

Have Your Say

We're Here to Help

Thank you. Message sent.


Hemel Detectives Services

Request a Callback in Urdu, Punjabi or Mirpuri

Hemel Detectives Case Manager waiting to take your call Click to Request Callback

  Facebook

  • Listed in Your Local Yellow Pages
  • Associate Members of the American Association of Police Polygraphists
  • Members of the American Polygraph Association
  • Now Accepting All Popular Forms of Payment
  • Insured with HENSURE
Want to be a Private Investigator?
Argus Europe - One of our recommended partners for Private Investigator training

Why Choose Hemel Detectives?

  • Case Management Team
    North London Detectives experienced management team and highly skilled private investigators ensure that your case is carried out professionally and efficiently.

Hemel Detectives FAQ

  • To hire your company is more expensive than some others that I have seen. Why is that?
  • How Much is it to Hire a PI?
  • Why are you more expensive than some private investigation companies?
  • I can get private investigators cheaper somewhere else, so why should I pick you?
  • You seem a little more expensive than some of the other companies. Why is this?

Nationwide Client Comments

  • Durham Detectives did a really thorough job, providing me with high quality photographic evidence and even DVD footage. They left no stone unturned, to get the...
    Bob, Co. Durham
  • I was pleasantly surprised to find Newcastle Detectives not only the most competitive in price, but second to none when it came to customer service. Top marks...
    Geoff, Newcastle
  • My daughter moved out after an argument with myself and my new partner. I didn’t hear from her for months. I thought, given time, she would get in touch again...
    Val, Whitley Bay
  • I just wanted to know what my partner was doing online every night. He said it was work, but he was staying up into the early hours of the morning, even at...
    Lynsey, South Shields
  • I really wanted a female private investigator to carry out the surveillance I needed doing. Durham Detectives provided one without hesitation. Their case...
    Pat, Durham

About North London

Hemel Detectives have been operating in North London and Greater London / Home Counties for almost 20 years.

  • In 1965 Camden, Hackney, Hammersmith and Fulham, Islington, Kensington and Chelsea, Tower Hamlets and Westminster were designated Inner London boroughs.
  • For the purposes of the London Plan, there has been a North London sub-region in operation since 2004.
  • The boundary commission class the entire district as part of South London.
  • The London Borough of Richmond upon Thames includes sections on both sides of the River Thames.
  • The northern part includes most of the historic central areas including the City.
  • The River Thames divides Greater London into two parts.
  • North and South London as defined by the Boundary Commission.
  • The area it covers is defined differently for a range of purposes.
  • North London is the northern part of London, England.
  • In 2008 it was amended and it now consists of Barnet, Camden, Enfield, Hackney, Haringey, Islington and Westminster.
  • In 2001 this area had a population of 1,042,000.
  • It originally consisting of Barnet, Enfield, Haringey and Waltham Forest.

Hemel Detectives

Professional, efficient and discreet private investigator services in 158 UK cities, backed by an extensive UK network. Hemel Detectives serve North London and localities throughout Greater London / Home Counties.

With the skills, knowledge and leading technology, Hemel Detectives supply a comprehensive private investigations service for private and commercial clients.




Hemel Detectives - 95% Success Rate, 100% Legal

If you have any questions about our private investigations services in North London, or private detective packages, then don't hesitate to call our friendly team on 01923 428 848 or contact us via the website.

Hemel Detectives - The No1 Detective Agency in North London

Serving North London, Leighton Buzzard, Berkhamsted, Chesham, Harpenden, St Albans and Radlett and all areas in and around Greater London / Home Counties