Disciplinary procedures, hearings and appeals

Preparing for a formal disciplinary hearing

Before you hold a disciplinary hearing, you should:

  • familiarise yourself with the statutory dismissal and disciplinary procedures, or 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 Labour Relations Agency 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.