Disciplinary Procedures
Disciplinary Procedures
We provide tailored support for employers on disciplinary issues, including drafting clear allegations, planning investigations, handling difficult companions and witnesses, decisions on suspension, navigating police involvement, and addressing sickness absence or missed hearings. Contact us for expert legal guidance on these matters.
Drafting clear disciplinary allegations
We help employers draft clear, precise disciplinary allegations to ensure transparency and avoid ambiguity. It is not uncommon for employers to want to change the scope of disciplinary allegations as the procedure unfolds but Kate can provide guidance on when it is appropriate to do so and the correct procedure to follow.
Planning investigations
We appreciate that employers may not have the time or resources to carry out investigations. We can therefore assist in planning your disciplinary investigations with the aim of achieving a structured and thorough investigation report. By collaborating with you, we can discuss who we need to speak to, in which order and offer an objective perspective on any evidence which may be needed.
Handling difficult companions and witnesses
Challenging companions and reluctant witnesses can delay disciplinary procedures but we offer practical advice on how to handle these situations while maintaining procedural fairness. Kate has experience in issuing guidance to disruptive companions to make them aware of what they can and cannot do during disciplinary proceedings.
Culpability and decisions on suspension
Uncertainty around an employee’s culpability or whether to suspend an employee can be difficult, particularly in smaller organisations where colleagues work closely with one another. Kate can discuss relevant case law with you to help your managers or HR colleagues reach a decision and remain objective.
Police and Criminal Proceedings
Disciplinary procedures occasionally overlap with police or criminal investigations. Kate can talk you through your obligations in conducting your disciplinary procedure whilst co-operating with police investigations.
Sickness absence and missed hearings
Sickness absence and failure to attend disciplinary hearings pose unique challenges. We provide employers with strategies to handle non-attendance, ensuring the disciplinary process continues fairly. Our expertise will help you manage delays or absenteeism while maintaining compliance with employment law.
Kate Walsh Consulting
Call Kate today on
07549894819
Disciplinary procedures
Disciplinary procedures are a set of formal steps that employers should follow when dealing with employee misconduct. These procedures are designed to ensure fairness and transparency and to protect both the employer and the employee. There are plenty of issues which can divert an employer off track when conducting a disciplinary procedure. Kate often advises employers on the following:
- Drafting clear disciplinary allegations.
- How to plan an investigation.
- Whether multiple versions of your investigation reports are disclosable in subsequent proceedings.
- Dealing with difficult companions.
- Dealing with reluctant witnesses.
- Uncertainty regarding culpability.
- Whether to suspend.
- Interaction of police and criminal proceedings with disciplinary allegations.
- Sickness absence and a failure to attend disciplinary hearings.
Please get in touch if you need support with any of the above issues.
