Employment
Disciplinary proceedings advice for employees
Being invited to an investigation or disciplinary hearing can be extremely stressful, particularly where your job, professional reputation or future employment prospects are at risk. Early advice can make a significant difference to how you respond and how the process develops.
We assist employees facing allegations of misconduct, poor performance, breach of policy, sickness absence concerns, complaints from colleagues or clients, and allegations which may lead to dismissal. Our focus is on preparation, evidence, fairness and strategy.
How we can assist
We can support you at each stage of the disciplinary process, including:
- Reviewing investigation letters, disciplinary invitations and allegations.
- Advising on the employer’s procedure and whether it appears fair.
- Helping you prepare a written response and identify relevant evidence.
- Advising on witnesses, documents, mitigation and companion rights.
- Preparing for disciplinary hearings and appeal hearings.
- Advising on dismissal, warnings, settlement options and potential claims.
Fair process and proportionality
An employer should normally investigate properly, tell you what is alleged, provide the evidence being relied upon, allow you a fair opportunity to respond and consider matters with an open mind. The sanction should also be proportionate to the facts found.
Where the allegations are unclear, the evidence is incomplete or the process appears predetermined, we can help you challenge those issues in a measured and effective way. We can also advise on whether the matter may involve discrimination, whistleblowing detriment or retaliation for raising concerns.
Protecting your position
The way you respond during a disciplinary process can affect the outcome and any later Employment Tribunal claim. It is therefore important to avoid rushed responses, emotional emails or admissions that do not accurately reflect your position.
We will help you prepare a clear account, identify weaknesses in the employer’s case and consider whether negotiation or a settlement agreement is preferable to continuing with the internal process.