Advising managers: how to plan and prepare for a disciplinary hearing
Advising managers: how to plan and prepare for a disciplinary hearing

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Advising managers: how to plan and prepare for a disciplinary hearing
  • Legal considerations and implications
  • How to plan a disciplinary hearing
  • How to prepare for a disciplinary hearing
  • Postponing a disciplinary hearing
  • Record-keeping requirements

In cases of apparent misconduct, the first stage is for a disciplinary investigation to be conducted. Once that is complete, the investigator will review the evidence.

The investigator will then decide whether the evidence sufficiently demonstrates that:

  1. the employer has a clearly defined rule, policy, procedure or standard

  2. that rule, policy, procedure or standard may have been breached by the employee, and

  3. such a breach might, if shown to have occurred, be regarded by the employer as serious enough to warrant some form of disciplinary sanction (it would not normally be reasonable to proceed to a disciplinary hearing if, even at its highest, the misconduct alleged is clearly too trivial to warrant any form of disciplinary response)

If satisfied that that threshold has been met, the investigator will recommend that a disciplinary hearing be conducted in accordance with the employer's disciplinary and dismissal procedure.

For further information on the disciplinary investigation phase, see Advising managers: how to conduct a disciplinary investigation.

Proper planning and preparation for the disciplinary hearing should ensure that:

  1. the right people are involved in the disciplinary hearing

  2. the available relevant evidence and information is all present and correct

  3. those involved in conducting the hearing have a thorough understanding of the evidence and case against the employee and the respective roles of those involved in the proceedings

  4. the questions and areas of