Facing a disciplinary at work can be stressful and upsetting. It is important to know your rights and make sure that your employer observes them. A disciplinary hearing can be a serious issue and could potentially pave the way to a dismissal.
Understanding the disciplinary process will help you ensure that you are not treated unfairly. If your employer breaches the Acas Code of Practice on disciplinary and grievance procedures, you are strongly advised to seek legal advice.
At Toner Legal, we represent clients who have been summoned to a disciplinary hearing or had other disciplinary action taken against them. We understand how difficult the situation can be and you will find our disciplinary lawyers to be sympathetic and approachable. We regularly help people with how to beat disciplinary hearings.
We specialise solely in employment law, meaning we have a high level of expertise in representing employees. We can work with you to establish what has happened and identify how you would like to resolve matters. We will advise you of the best course of action and ensure that you present the strongest case possible in your defence.
Our disciplinary services for employees include:
- Advising you of your employment rights
- Discussing the best method of dealing with your disciplinary
- Advising you prior to the hearing and putting together a comprehensive defence
- Advising you on appealing a disciplinary decision
- Negotiating an exit
- Early Acas Conciliation
- Representation in the case of unfair dismissal
- Employment Tribunal Claims
Advising you of your employment rights
Your employer must follow their disciplinary process, which should be available to you in your contract or in the employee handbook. If they do not have a process in place, they should follow the Acas Code of Practice.
You should be given a range of information, including:
- Why disciplinary action is being taken
- An invitation to a hearing, allowing you sufficient time to prepare
- Confirmation that you can be accompanied by a colleague or trade union representative
We can advise you of your rights and check that your employer has observed them. An employer dealing with a disciplinary badly can amount to constructive dismissal.
Discussing the best method of dealing with disciplinary action
It is recommended that you engage with the disciplinary process, even if you believe you have done nothing wrong. Putting together a strong case in your defence will help your employer understand your position and show them that you are organised and prepared to stand up for yourself.
We can assist you in preparing your case and discuss the outcome you would like to achieve. For example, if you feel that your relationship with your employer has broken down, we can consider whether there are grounds to negotiate your exit.
Advising you prior to the hearing and preparing your defence
We can help you in ensuring that you put across all the points you need to in your defence. Our employment lawyers understand how to structure a strong argument and will make sure that all relevant details are included. Having expert advice will help you present a strong and professional picture to your employer. This can help ensure that you are treated fairly and that the disciplinary process is carried out in accordance with the rules.
Advising you on appealing a disciplinary decision
If you have been through a disciplinary process and you feel that the outcome is unjust, you have a right to appeal. This could be on the basis that:
- The decision is wrong
- You have new evidence in support of your case
- Any penalty imposed is too severe
- The correct process was not followed
- You have been unfairly dismissed
We can discuss with you the best grounds for an appeal and work with you to put together a robust case to present at the hearing.
Negotiating an exit
If you feel that you are unable to continue in your employment because of wrongful allegations or unfair treatment, we may be able to negotiate an exit on your behalf. If your employer agrees to enter into a settlement agreement, we can advise you of the terms and negotiate the best possible deal.
Representation in the case of unfair dismissal
If you have been unfairly dismissed following a disciplinary at work, we can bring a claim against your employer. You may be entitled to compensation. Your employer may decide at this stage to settle your claim and enter into an agreement with you, providing you with a payment in return for you dropping your case. We can represent you to secure the right terms and conditions. Alternatively, where necessary, we can take your case to an employment tribunal.
For more information and guidance, see How to beat disciplinary hearings.
Contact our disciplinary lawyers
If you are facing a disciplinary hearing at work, we can provide the advice and representation you need to protect your rights.