Disciplinary procedures, hearings and appeals

Preparing for a formal disciplinary hearing

Guide

Before you hold a disciplinary hearing, you should:

  • familiarise yourself with the statutory dismissal and disciplinary procedures, the Labour Relations Agency (LRA) Code of Practice on Disciplinary and Grievance Procedures and your own enhanced dismissal and disciplinary procedure so that you apply it correctly and act in a fair and consistent way
  • carry out a full investigation and make sure you have all relevant facts and details of any past disciplinary action taken against the employee
  • obtain statements from any witnesses
  • arrange for someone to take notes

You should also ensure the employee has:

  • plenty of time before the meeting to prepare their case and consult any representatives (the LRA can advise regarding trade union representatives)
  • details of the complaint, the procedure to be followed and the need for them to attend a disciplinary hearing
  • had the opportunity to exercise their right to be accompanied at the hearing by a colleague or trade union representative
  • copies of any documents you intend to rely on as evidence at the hearing

If the employee is a trade union representative, it is advisable to discuss the case with a full-time trade union officer or senior trade union representative. You should get the employee's agreement to this before discussing the case.