FAQs

1. What should I expect if I have been invited to attend a disciplinary hearing for misconduct?

   There are particular procedures that your employer must follow. In brief, your employer should investigate and you should be given clear notice of the relevant allegations against you, in writing. Next, you should be invited to a hearing to discuss the evidence, call any witnesses and set out your side of the story. The outcome of the hearing should then be communicated to you in writing. 

2. Do I always need to be offered a right of appeal in a disciplinary process?

   A right of appeal is good practice and should always be offered to you. If it is not, and you have worked for your employer for more than 2 years, you can use the lack of an appeal to challenge the fairness of the process at an Employment Tribunal. 

3. Can I be demoted as a result of a disciplinary hearing?

   The short answer is yes; if you have been warned that such a sanction is being considered and is reasonable in the circumstances of the case, a demotion can be implemented by your employer. 

4. How should I raise a formal grievance?

   If you have concerns at work that have not been resolved informally (such as by talking to your line manager), you should set out your concerns in writing for your employer. A hearing should then be held, to allow a full discussion of your concerns. The decision regarding whether to uphold the grievance or not should be communicated to you in writing, with any necessary action detailed. Both you and your employer should ensure that you are following your organisation’s grievance procedure. 

5. What is a Performance Improvement Plan?

   This is the result of a formal procedure, which is implemented if your employer has concerns regarding your performance at work. It should detail training and support to be offered to you, to allow you to improve your performance to the required standard, over an agreed period of time.