Disciplinary Proceedings Lawyers for Employees & Executives

If you face a disciplinary hearing, we can help you to present the best possible defence and highlight any discrepancies in the proceedings. It is always beneficial to take advice before the disciplinary hearing takes place, particularly where you have concerns that it may not be dealt with fairly.

We can advise on the points to raise in your defence and on any procedural issues that arise. If the disciplinary decision is unfavourable, we can advise on the best grounds of appeal and support you in making the strongest possible case, as well as advising on grounds to file a claim against your employer in the tribunal.

100% Success Rate in Contentious Cases for both Employees & Employers

Contact our employment lawyers on 0207 965 7203
or contact us online.

What are my rights at a disciplinary hearing?

As an employee, you are entitled to several legal rights during a disciplinary hearing which are:

  • The right to be informed in writing of the allegations against you and the possible consequences of the hearing.
  • The right to be accompanied by a work colleague, legal representation or trade union representative.
  • The right to be heard in presenting your case and responding to the allegations against you.
  • The right to see any evidence that will be used against you.
  • The right to a fair and impartial disciplinary hearing; the person conducting the hearing must be unbiased and have no personal interest in the outcome.
  • The right to appeal the decision if you are unhappy with the outcome

How to prepare for a disciplinary hearing?

For the best possible chance of success at a disciplinary proceeding, there are some things you can do to prepare:

  • Review your employment contract and employer’s disciplinary policy that sets out the process for the hearing.
  • Gather any evidence that supports your case; this can include emails, documents, witness statements and recordings.
  • Write a clear and concise statement with relevant details, dates and times, setting out your version of events and addressing the allegations against you.
  • Prepare your responses and questions to the allegations held against you

If you feel the disciplinary action and allegations held against you are wrongful, you may have a claim against your employer. At Cavendish Employment Law, we have a successful track record of winning high-value settlement agreements for high-level executives who have experienced wrongful disciplinary action.

For a legal representative, get in touch with us today on 0207 965 7203
or contact us online.

What happens at a disciplinary meeting?

Whilst your employer may have their own disciplinary policies in place, they must follow the ACAS Code of Practice on Disciplinary and Grievance Procedures to ensure a fair and impartial process.

The person conducting the hearing will start by introducing themselves and explaining the reason/reasons for the hearing. They will then present you with the allegations held against you; this can include in writing/read aloud, as a video or witness statements.

Once presented with the allegations, you will be given the opportunity to respond and present your side of the story, asking any relevant questions and providing evidence/witness statements which support your case.

What happens after a disciplinary hearing?

After hearing all the evidence, the employer will make a decision on whether or not company policies or procedures have been breached. In the event of being found guilty, they will take appropriate disciplinary action, which can be:

  • Verbal warning
  • Written warning
  • Final warning
  • Suspension
  • Demotion
  • Termination

If you are dissatisfied with the outcome, you will have the right to appeal the decision. This appeal should be made to someone not involved in the disciplinary hearing who has the authority to review the decision.

Wrongful disciplinary action

If you’re on the receiving end of disciplinary action, you may feel the final decision made by your employer was unfair or wrongful. Common reasons for this include:

  • Lack of evidence supporting their case
  • Any form of bias or impartialness against the employee, such as discrimination or personal animosity.
  • Failure to follow established disciplinary procedures
  • Retaliation for whistleblowing or other protected activities
  • Discrimination based on a protected characteristic
  • Misconduct during the disciplinary process, such as evidence manipulation or making their decision before the outcome of the hearing.

If you believe you have been treated unfairly during the disciplinary proceedings, or wrongfully disciplined in the first place, you may have a claim against your employer for breach of contract or for unfair dismissal.

Disciplinary Hearing Lawyers in London

If you’re based in London and have been a victim of a wrongful disciplinary process, we can help you win a settlement agreement. Our team of expert employment lawyers is on hand to offer legal advice and support wherever needed.

As employment law solicitors, we have a strong track record of winning contentious cases for high-level employees and executives. Don’t hesitate to pick up the phone for us, get in touch with us today and one of our team will be able to see you in person within hours of your call.

100% Success Rate in Contentious Cases for both Employees & Employers

Contact our employment lawyers on 0207 965 7203
or contact us online.

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Caroline Walker Managing Director

Do you have a high value employment claim as a senior employee or executive in the UK?

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