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Topic: Disciplinary, capability and dismissal

post-disciplinary hearing checklist
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Post-disciplinary hearing checklist

Post-disciplinary hearing checklist

Your duty to act "fairly and reasonably" doesn't end with the disciplinary hearing. The decision-making process and any sanction imposed must be approached in exactly the same way. But, as with the earlier stages of the proceedings, this could trip you up. Our post-disciplinary hearing checklist ensures you don't miss anything out.

Continuing duty

Having gone through a disciplinary investigation and hearing, you might think that you can relax. If anything the opposite is true - this stage can be equally problematic. So when it comes to considering all the facts and imposing a disciplinary sanction (if needed), you should follow the Acas Code of Practice on Disciplinary and Grievance Procedures closely. Otherwise, the tribunal could conclude that any failure to do so shows unreasonableness on your part.

Once you've made a decision you should:

  • check that it broadly fits within the recommendations of the Code
  • ensure that your chosen sanction is in line with previous decisions, i.e. it should not be unduly harsh on this particular employee, e.g. to make an example of them
  • notify the employee concerned in writing about the outcome of the hearing
  • advise the employee of any improvements that are required, e.g. to timekeeping or work standards
  • remind them of their right to appeal (if you impose a sanction)
  • put arrangements in place to assist them with any required improvements, e.g. training.

The employee should also be told of the deadline to make any appeal. You're free to set reasonable timescales here but you won't want to be waiting too long; somewhere around five working days should be sufficient (but do show flexibility if it's needed).

 

Checking each stage

Our Post-Disciplinary Hearing Checklist covers all the stages which come after the disciplinary hearing. Following it closely ensures that you won't miss anything out. If the employee lodges an appeal, follow the process set out in our Disciplinary Hearing Checklist.

In the event that your disciplinary sanction is challenged in the tribunal, you can produce both these checklists to show that you considered each stage of the process carefully.

 

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