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.


Glasgow Detectives Services

Service and Support: 0141 278 3862

Request a Callback in Urdu, Punjabi or Mirpuri

Glasgow 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 Glasgow Detectives?

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

Glasgow 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?
  • What types of expenses will I be charged for?
  • What kinds of expenses will I be required to pay?
  • Why are you more expensive than some private investigation companies?

Nationwide Client Comments

  • 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
  • I was in a situation that I couldn't resolve without professional help. I felt that because my situation was so emotional, and to do with adultery, I wanted a...
    Ailish, Aberdeen
  • A first-rate service, with friendly staff and very competitive prices!
    Aaron, Peterhead
  • My company has hired Aylesbury Detectives a few times over the years to gather evidence for us, and they have worked discreetly at all times. Their...
    Mike, Buckingham
  • Hiring a private investigator is not something I would normally do, but I was in a situation that I simply couldn't resolve on my own. I needed evidence that...
    David, Bath

About Glasgow

Glasgow Detectives have been operating in Glasgow and Scotland for almost 20 years.

  • Glasgow became prominent in international commerce as a hub of trade to the Americas, especially in the movement of tobacco, cotton and sugar.
  • Glasgow is the largest city in Scotland and third most populous in the United Kingdom.
  • Glasgow is situated on the River Clyde in the country's west central lowlands.
  • A person from Glasgow is known as a Glaswegian, which is also the name of the local dialect.
  • Glasgow was known as the 'Second City of the British Empire' for much of the Victorian era and Edwardian period.
  • Today Glasgow is one of Europe's top twenty financial centres.
  • Glasgow is home to many of Scotland's leading businesses.
  • Glasgow is also ranked as the 57th most liveable city in the world.
  • In the late 19th and early 20th centuries Glasgow grew to a population of over one million,and was the fourth-largest city in Europe.
  • The origins of Glasgow as an established city derive ultimately from its medieval position as Scotland's second largest bishopric.
  • Glasgow's City Chambers is the headquarters of Glasgow City Council and the seat of Local Government in the city.

Glasgow Detectives

Professional, efficient and discreet private investigator services in 158 UK cities, backed by an extensive UK network. Glasgow Detectives serve Glasgow and localities throughout Scotland.

Glasgow detectives team of expert case managers and trained Agents have been in operation since 1999, providing support and guidance to corporate and private clients alike.




Glasgow Detectives - 95% Success Rate, 100% Legal

If you have any questions about our private investigations services in Glasgow, or private detective packages, then don't hesitate to call our friendly team on 0141 278 3862 or contact us via the website.

Glasgow Detectives - The No1 Detective Agency in Glasgow

Clyde Offices, 48 West George Street, Glasgow, G2 1BP

Serving Glasgow, Merchant City, West End, East End, Ibrox, Kennishead, King's Park, Mount Florida and Mosspark and all areas in and around Scotland