How to chair a disciplinary hearing

Author: Tina Elliott and Lynda Macdonald

Summary

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• Keep in mind the need to conduct the hearing fairly and comply with the rules of natural justice.
• Be familiar with the principles in the Acas code of practice on disciplinary and grievance procedures.
• Give the employee notice of the hearing and provide them with details of the evidence to be relied on.
• Review in advance any documents to be considered at the hearing.
• Make sure that the employee is aware of their right to be accompanied.
• Explain the procedure to be followed, introduce the parties taking part and ensure that someone is appointed to take notes on the proceedings.
• Put the evidence of misconduct to the employee and give them the opportunity to respond.
• Adjourn if there is a breach of procedure that needs to be corrected or if new matters arise that require investigation.
• Adjourn to consider the decision and weigh up all the evidence presented.
• Inform the employee of the decision and the reasons for it and inform them of their right of appeal.