Will the meetings always be held in-person?
In some instances, meetings (including formal hearings) may be held remotely, using platforms such as Zoom or Microsoft Teams. You’ll be advised of the meeting arrangements at the earliest opportunity so you can check you have access to the necessary equipment and technology. If the meeting is being held remotely, you should be particularly mindful to forward copies of any evidence you intend to present to the hearing manager in advance.
Do I have the right to be accompanied at any formal hearings?
You have the right to be accompanied at any formal disciplinary, capability, PIP review, grievance, attendance or appeal hearing, either by a work colleague or a trade union representative. If you are a trade union representative yourself, you may be accompanied by an area organiser or a full-time trade union official. You should let us know the details of your companion as soon as possible, and no later than the day before any meeting. We reserve the right to refuse to accept an individual as a companion in the event that there is an unreasonable conflict of interest or if unwarranted expense or a time delay would be incurred.
If you choose to be accompanied, it's your responsibility to ensure that you communicate directly with your trade union or work colleague regarding representation, including details of the meeting and making them aware of / providing them with copies of any associated paperwork. If your companion is not available to attend the meeting, you can suggest another date as long as it is not more than five calendar days after the date originally proposed by us. If they’re unable to attend in person please speak with the hearing manager or the Colleague Relations Team as arrangements might be able to be made for them to access the meeting remotely (for example, via Microsoft Teams or Zoom).
What is the role of my companion during a meeting?
The companion is allowed to address the hearing to put forward and sum up your case, and to confer with you during the hearing. The companion does not have the right to answer questions on your behalf, address the hearing if you do not wish them to or prevent us from explaining our case.
Do I get any additional support with any of these procedures if I have a disability and / or English isn’t my first language?
If you have difficulty understanding any of the procedures outlined in this section, or you require adjustments as part of any process, you should let you line manager or know as soon as possible so we can consider how to best support you. In some circumstances, such as if you have a disability or language difficulty, then we will allow different accompaniment arrangements. This will be at our discretion and must be agreed in advance of the meeting with the Colleague Relations Team so please discuss any potential requirement at the earliest opportunity.
What is the role of the management witness during a meeting?
At formal disciplinary, capability, PIP review, grievance, attendance and appeal hearings, a management witness will normally be present. This may also be the case at investigation meetings too. Their role is:
- To help to ensure that the meeting is conducted fairly and appropriately.
- To help to ensure that a proper record of the meeting is kept.
- To ask additional questions for clarification.
What is the role of HR during investigations and other formal proceedings?
A HR representative may attend investigation or other formal meetings in the capacity of a management witness (equally it may be another operational colleague, as above). Whether attending the meeting or not, a HR colleague may also provide advice and guidance to both the line manager and the colleague on the process. They will not make any decisions as to the appropriate outcome but, if asked, may give information that will help the line manager reach a decision which is fair and consistent, taking into account all the individual circumstances of the case in hand.
What happens if I’m sick whilst facing investigation or other formal proceedings?
We aim to ensure that all matters relating to discipline are dealt with fairly and promptly and will, wherever possible, follow the principles set out in the disciplinary procedure. However, circumstances may arise when the ill health of a colleague prevents the disciplinary procedure from being followed because the colleague is too ill to participate in the investigation, adequately prepare for a hearing or attend the hearing itself. Where this is the case, we will act consistently with the following principles:
- The ill health of a colleague will not usually be a ground for abandoning any ongoing disciplinary procedures.
- Where the absence is likely to be short, we will usually wait until the colleague recovers and is able to take a full part in the process.
- When the absence is ongoing and it appears to us that the colleague is likely to remain off sick for an extended period, we may require the colleague to cooperate with our Occupational Health provider in determining whether or not they are sufficiently fit to take part in the disciplinary process.
- Any colleague who is signed off as sick during a period of suspension will have their suspension rescinded until such time as they become fit for work.
- If, following consultation with Occupational Health, it appears to us that the colleague is fit to take part in the disciplinary process, the process will continue, although the organisation may at its discretion also take any of the steps listed in special measures below.
- Where it appears that the colleague is not fit to take a full part in the standard disciplinary procedure, we will consider taking any of the special measures set out below to enable the colleague to participate effectively.
Special measures
We may, at our discretion, propose adjusting the standard disciplinary procedure by taking any or all of the measures set out below with a view to ensuring the effective participation of the colleague in the disciplinary process:
- Venue. We will consider holding the disciplinary hearing at a venue other than our premises, either to reduce the stress caused to the colleague by attending the hearing or to accommodate any physical needs that the colleague may have.
- Representation. Where it appears that the colleague's illness may affect their ability to explain their case, we will consider any request that the colleague may have to be represented in the process by a colleague, union official or such other person as we may specify. The representative may be allowed an expanded role in the process where this would assist the colleague in ensuring that their case is fully explained.
- Written representations. Where the colleague may have difficulty in explaining their case, consideration will be given to allowing the colleague to rely on written representations, which may be prepared by a representative.
- Documentation. We will take particular care to ensure that the colleague receives all documentation relating to the disciplinary process sufficiently in advance to allow them to prepare fully, taking into account any effect that the colleague's health may have on their ability to analyse the information and prepare a response.
- Timings. While being committed to the principle that matters should be dealt with promptly, we may allow extra time for any stage of the disciplinary process to ensure that the colleague can participate effectively. Particular attention will be given to the duration of any disciplinary hearing and its impact on the colleague and the need to take appropriate breaks.
Holding the hearing in the colleague's absence
We believe that, in the vast majority of cases, it should be possible by using any or all of the measures outlined above to conduct a fair disciplinary process in which the colleague fully participates. However, there may be exceptional circumstances when the colleague will not be able to attend a disciplinary hearing, whatever measures are taken. In such circumstances, we reserve the right to proceed with a disciplinary hearing in the colleague's absence, although full consideration will be given as to whether or not this is necessary in the circumstances.
Where this is the case, the colleague and their representative will be informed of the time and location of the hearing and will remain free to attend. The representative will be free to attend, even if the colleague is not present. The outcome of the hearing will be communicated in writing (by letter or email) to the colleague, paying particular attention to the need to explain the details of any factual findings made and the basis of the decision reached. The colleague will be given a full opportunity to appeal against any decision in accordance with the disciplinary procedure. The special measures outlined above will also be considered by us in relation to any appeal.