Formal disciplinary hearings
Formal hearing
If, following an investigation, it is concluded that there is a case to answer and the fast track process is not applied, a disciplinary hearing will be convened.
A copy of the investigation report and any evidence that will need to be relied upon by the investigation team, will be provided to the member of staff and the hearing panel. This must be done with at least 14 calendar days notice prior to the hearing.
Employees have the right to be accompanied by a trade union representative and a colleague.
The chair will outline the process and ensure the employee understands the allegations and has time to respond and state their case. The hearing panel will make a judgement based on the evidence presented and if a sanction is deemed appropriate will take account of the seriousness of the misconduct, any mitigation, the substantial merits of the information presented. Only then, the panel may determine what sanction if any should be issued. Any sanction will be confirmed in writing which summarises the hearing and its conclusions.
Disciplinary sanctions issued by the hearing panel include:
- First written warning
- Final written warning
- Dismissal
- Action short of dismissal/alternative to dismissal
Appeal
Employees can appeal against a disciplinary sanction issued through a disciplinary hearing or the fast track process if they believe the sanction should be overturned because it was to severe, inappropriate or new information has come to light.
The appeal must be submitted in writing to the Director of HR within 14 days of the receipt of the outcome letter, stating the grounds for the appeal.