Generally speaking, an employee cannot bring his/her lawyer to a meeting at work. There is no absolute right to counsel that affords employees the right to have an attorney involved in employment matters.
Can you take someone into a disciplinary hearing?
You can bring someone with you to a disciplinary meeting. This is a meeting which can lead to disciplinary action. Taking someone with you is called the ‘right to be accompanied’.
Who am I allowed to take to a disciplinary hearing?
You have the right to take someone with you to a disciplinary hearing, but you must tell your employer about this first. Your companion can be either: a colleague. a trade union representative.
What usually happens at a disciplinary hearing?
During the hearing the presiding officer will ask the employee to plead guilty or not guilty to the charges brought against him or her. The employer puts his case by submitting proof and calling witnesses. The employee is then allowed to put his or her case and cross-question the proof submitted by the employer.
How do you beat a disciplinary hearing?
The easiest way is to prove the allegations made against you are wrong. Tell the truth and have the evidence to back it up. But even with mountains of evidence, there’s no guarantee you’ll beat the disciplinary. At this point, you may wish to take legal advice.
How long should you wait for a disciplinary hearing?
You should be given a reasonable amount of time to prepare for the hearing. This is normally 3-5 days. If you need more time, ask for it, particularly if you have not seen the evidence against you or have not been given a letter setting out the allegations.
Can you go straight to a written warning?
In cases of serious misconduct or poor performance, the employer does not have to give a first written warning and can instead go straight to a final written warning. For example, where the employee’s actions have, or could, cause serious harm to the business. … The employer should make this clear to the employee.
Can I refuse to attend a disciplinary hearing?
If you’re unable to attend on the day for an unforeseen reason, for example, transport problems, you should let your employer know as soon as possible. If you fail to attend the meeting and don’t have a reasonable excuse for not attending, the meeting may go ahead without you and you will not be able to put your case.
What is the correct procedure for a disciplinary?
Disciplinary Procedures: correct steps
- Get an initial understanding.
- Investigate thoroughly.
- Invite the employee to a disciplinary meeting.
- Conduct the disciplinary meeting.
- Decide on action to take.
- Confirm the outcome in writing.
- Right to appeal.
Can you resign before a disciplinary hearing?
Can I resign before or during a disciplinary process? Yes, you can. … You also need to consider that even if you do resign, your employer could continue the disciplinary process during your notice period, and ultimately still dismiss you for gross misconduct.
Does a disciplinary go on your reference?
References after disciplinary action
By law, an employer does not have to provide a reference. When an employer gives a reference they must make them: fair. accurate.
How many warnings do you get before a disciplinary hearing?
The law does not specify that employees should receive any specific number of warnings, for example, three verbal warnings or written warnings, and dismissal could follow as a first offence in the case of serious misconduct.
What are the stages of a disciplinary?
A letter setting out the issue. A meeting to discuss the issue. A disciplinary decision. A chance to appeal this decision.