Disciplinary, Dismissal & Grievance Procedures

Guidance for employers

The hearing

When arranging the meeting, bear in mind that:

• The meeting should be far enough ahead that the employee has had time to think about the written statement but it should not be delayed for too long. The employee has a duty to take all reasonable steps to attend.
• The employee has a statutory right to be accompanied to the meeting by a workmate or a trade union representative.
• The meeting must be at a reasonable time and in a convenient location. If the employee or person accompanying them is disabled you must take this into account and make reasonable provision to ensure that they can participate fully.
• If you haven't already done so before writing, ensure you have carried out a thorough investigation of all the relevant circumstances of the case and communicate them to the individual before the meeting.

After the meeting you should decide what to do and tell the employee what your decision is. At the same time you must offer the employee the opportunity to appeal against that decision if it goes against him or her. Set a time limit for the appeal (the ACAS Code recommends five days). See the sample of the letter to be sent after the hearing