Disciplinary Hearings
Why independent?
The disciplinary chair needs to be carefully selected. You may not have a suitable person to take on this role for a variety of reasons:
- Has the manager already been involved?
- Has the manager also been a witness?
- Has the manager been involved in the investigation? The Acas Code says In misconduct cases, where practicable, different people should carry out the investigation and disciplinary hearing.
- Is it a sensitive issue where it is prudent to use an external chair?
- Do you have a suitably experienced or trained person?
Disciplinary chair
David can be appointed as disciplinary chair to conduct your disciplinary hearing.
Having an independent appointment ensures that your disciplinary chair approaches the case with fresh eyes and complete independence. In David's case, you also have a disciplinary chair who has been a practising solicitor, is experienced in employment law, and who has advised on the disciplinary process countless times.
David has trained numerous managers in relation to the Acas Code and handling discipline and misconduct.
The output of the instruction will be a conclusion and recommendation which will include a:
- Conclusion as to whether misconduct has taken place and, if so, what.
- Recommendation on disciplinary sanction.
Grievances
Why independent?
Grievances are often far from straightforward. In fact, handling grievances properly can be extremely challenging. Do you have the right person to deal with this? The grievance chair needs to be carefully selected. You may not have a suitable person to take on this role for a variety of reasons:
- Is it a sensitive issue where you would prefer someone from outside of your business?
- Has the manager already been involved?
- Has the manager also been a witness?
- Has your internal resource got the training, experience and/or time to deal with the grievance?
- Is it a sensitive issue where it is prudent to use an external chair?
Our service
David can act as an independent grievance chair to ensure that our process is fair. robust and compliant.
Mediation
Grievances can be extremely damaging. If the grievance is against the employer, it can lead to a breakdown in trust and confidence and, as a minimum, a loss of productivity. A grievance between employees will often escalate with allegations and counter-allegations being made. In grievance cases, we suggest you also consider mediation.
Co-chairing or mentored discipline and grievance chairing
You may have an unusually complex case, or an inexperienced chair. An option for you if you don't want to appoint an independent person to hear the case alone is to appoint David as a mentor or co-chair.
David can act as co-chair and, by doing this, can take on some of the key procedural steps, or help your internal manager with the burden.
In such a case, your manager will be the ultimate decision maker but will have help and support with the process.