The Hearing

The purpose of a disciplinary hearing is to:

• Allow an employee to state their case and answer any allegations made against them. They should therefore be able to present evidence, call witnesses and ask questions of management.
• Give management an opportunity to express their concerns.
• Determine whether disciplinary action is necessary.

If you are appointed as a Disciplining Officer you are responsible for ensuring that there is a fair hearing and that the relevant procedures are followed. This involves preparation before the hearing as well as conducting the hearing and reaching a decision. The matters which the Disciplining Officer must cover include:

• practical arrangements;
• liaising with both sides;
• ensuring that there has been adequate time to prepare;
• ensuring all relevant facts / records are available; and
• consideration of how the meeting will be structured.

If new evidence comes to light during the hearing, it is your responsibility to suspend or adjourn the hearing to enable the points raised to be investigated. On completion of any further investigation, the hearing will be reconvened and all parties advised of the findings.

Throughout the hearing you should remember that you have to reach a view on the most likely version of events, and decide whether to take any disciplinary action or not.  Evidence should be carefully examined and corroboration sought from records, witnesses or other sources.

Once all the evidence has been heard, you should adjourn to consider the evidence and reach a decision.