Are you worried about an upcoming disciplinary hearing for misconduct at work? Don't be. I'll provide you with clear and straightforward guidance on how to navigate the hearing and present your case effectively.
A lot of the advice on disciplinary hearings revolves around the ACAS code of conduct, which, much like legal stuff, can be pretty formal, hard to get, and open to different interpretations. Honestly, employees often find it tough to stick to it. This "disciplinary hearing guide" skips the complicated language and gives you straightforward, practical steps to handle your disciplinary hearing with confidence. It's grounded in real case scenarios and offers a full understanding of the process and mechanisim of the issue.
This series is your go-to guide for getting ready for a disciplinary hearing. It walks you through everything you need to know, from the investigation and suspension to the invitation letter for the hearing, the hearing itself, and the appeal process. Plus, if things don't go as planned, it covers how to file a grievance about the hearing procedure. The guide is split into easy-to-follow sections, and at the end, there's a handy practical guide to help you put all the theory into action.
Disciplinary Hearing Introduction - Mindset
One big mistake you could make during the disciplinary hearing or procedure is thinking your employer is empathetic and values your dedication. So, saying "I'm a good worker with lots of experience, totally committed to you, dear employer" won't cut it because employers care more about profits than feelings of appreciation! If your dismissal, even an unfair one, happens, it is because either it is more economically beneficial than treating you fairly, or someone who disliked you got into an intellectual impasse and wants you out no matter the money involved. But remember, if that person is not an owner of the business, your employer will not be happy about it. You just need to know how to identify the mechanism of your discipline to effectively flip the coin and show that your mistreatment is, in fact, more expensive, than upholding it or going to Employment Tribunal.
Generating revenue is a key objective for an employer - lay cards on the table!
Let's be real: anyone who starts a company wants to make money. Even charities or community interest companies are set up to raise funds. That's just how it is.
Employers focus on generating revenue rather and treating employees with respect. Similarly, laws are not crafted to protect employees; if they were, they would be straightforward and readable. Instead, laws regulate employers and offer ways to recover revenue if the businesses fail to comply. Workers look for genuine advice, but it won't be found on traditional solicitor firm websites, because if you could do it yourself, the skilled advisers would lose their jobs. You must agree with me, and finally: organisations that ought to be imparcial, sell the courses to employers HR and Management teams, the awerage online course costs £2,350. How you think, who will be priortised you ''an employee'' or the organisation's ''paying client'' ?
Therefore, by simply understanding that it's all about money, along with clearly explained methods, will help you achieve your goal, whatever it may be. In my experience, your goal might change—from not wanting to loose the job to a desire to take the employer to the Tribunal.
The same principle is used when unfair dismissal takes place.
The same principle is used when unfair dismissal has taken place. Your employer will not show any willingness to consider early conciliation if you do not demonstrate that going to an Employment Tribunal will be more expensive than your expectations in terms of the settlement figure. As long as you don't create an intellectual impasse, your employer will always consider the cheaper option. Similarly, sometimes it will be cheaper to dismiss you unfairly than not. The question is whether the employer concidred you going to Tribunal with unfair dismissal claim and if that was used in their calculations. In the first quarter of 2019, only 10% of employment tribunal claims were won by employers - Ministry of Justice figures !
So, when it may be cheaper to dismiss you unfairly than treat you lawfully ?
One of the most common cases is when you hold some information or when you have already made a disclosure of that information. Although making a protected disclosure is a protected act, and it is unlawful to subject you to detriment, your employer may choose to dismiss you in fear of further disclosures or, if you have not yet disclosed it, that you may want to disclose it in the foreseeable future. If they do, it is called detriment—potentially quite expensive if you go with this to an Employment Tribunal. But remember, they are always after money, so it might be a case of them carefully calculating that dismissing you unfairly would be cheaper than risking you spreading the information to the world and damaging their reputation.
We are still consistant becasue employer's reputation is strictly linked to money
If you're facing disciplinary actions because of a protected disclosure, you might think your employer is getting back at you. This can happen, especially if your disclosure hurt another employee's reputation and they're now trying to get even. However, most of the time, if you've made a disclosure, your employer will care more about their own reputation than the employee you reported. In fact, after an unfair dismissal, the reported employee becomes a potential witness and, in most cases, will be contracted out when you go to the Employment Tribunal. That's because an employer's reputation is closely tied to their income. Imagine you made or may disclose to the public something that might end up in court.Clients often check public info, and if they see something sketchy, they might back away from your employer, leading to a drop in revenue. It all makes sense—money follows reputation!
The above is merely an example, and the list of such instances is endless. For example, you might have complained about some questionable processes within the firm, but this was an informal grievance not classified as protected disclosure. Suppose you identified that the company's ethical culture prioritizes revenue over customer rights, and as a result, you, the only one speaking up, face a disciplinary hearing for unrelated minor issues. It might be evident that the person who initiated this is the one benefiting from the mistreatment of customers, as their salary is tied to the company's performance.
Brain Freeze - Payback
The other very common reason why you are facing disciplinary actions is a personal conflict with someone who has higher reputation in the firm or who simply palls with someone of higher reputation. If that is the case, it is very likley to be a group of peaople engaged in the process of harrassing you including disciplinary panel.The key concept in such circumstances is that your employer whose intrust is revenue may not be aware of someone gambling with the money. You will see that when the entrie disciplinary procedure is always conducted by the same group of people. Therefore, dentifying the owner of the money will be a key to success.
Conclusion
Having understood the principle that money follows reputation and vice versa, you must conclude that there is no room for empathy or gratitude. It is a money-centered business from the moment of your first day in employment through the decision to subject you to disciplinary action, dismissal, early conciliation, possible settlement, up to the Employment Tribunal. All the time present is legal advice and careful calculation of the cheaper option. Therefore, the first step is to identify the true reason for your disciplinary hearing, gather evidence, reach out to the proper person in the firm, and present your case that treating you fairly, either through redress or settlement, will be more economically beneficial than letting you go to the Employment Tribunal.
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