Disciplinary hearing person needed

[Venka]

Hello,

I need to find an independent person to hold a disciplinary meeting for me with an employee.

There are only two employees in the company so I need an independent person for this procedure as I have been advised by the FSB legal helpline.

Any suggestions where to find such a person in Greenwich London area?

 

[ethical PR]

Perhaps contact your local chamber of commerce and ask for a recommendation on an HR person you could hire?

 

[Employment Law Clinic]

Hello,

I need to find an independent person to hold a disciplinary meeting for me with an employee.

There are only two employees in the company so I need an independent person for this procedure as I have been advised by the FSB legal helpline.

Any suggestions where to find such a person in Greenwich London area?

If the FSB have told you that, they're talking absolute nonsense!

Ideally, it's nice to have an independent person doing different stages of a disciplinary, but the ACAS Code of Practice recognises this isn't often feasible for a small employer. You can hold all stages of the disciplinary yourself, trying as best you can to deal with each stage independently of the others.


If you really feel the need for someone independent, I could offer my services, but quite honestly I don't think you require them. At the very most (and even this isn't required), you could have any decision/paperwork reviewed, which would at least be less time/expense. I'd recommend you just conduct the whole thing though, perhaps after reading the ACAS Guide.



Karl Limpert

 

[Frank Nesbitt]

If your self concious of not perhaps being capable then I suppose getting an independent advisor might help. However for disciplinary proceedure in SME's follow the ACAS guide. Either use a tape recorder, if your employee agrees for fairness, or get a short-hand secretary/ minute recorder to record correctly all that is said. An accurate record of the disciplinary hearing is the essence. But as Karl says above...just follow the guide and think each step through. Good luck..Quo Vadis..Frank

 

[The Resolver]

Can you clarify the nature of the meeting. Is this the initial investigation meeting...or have you held an investigation meeting with yourself and that you decided to escalate to a disciplinary meeting at which a decision will be reached as to the action to take...or have you had that meeting and made a decision and this is an appeal ?

As Karl has said, having an independent person is often not practical for micro businesses and that is recognised in the sense that not having one will not itself expose you should the decision be to dismiss and a claim for unfair dismissal presented to the Tribunal. However I have,of course, argued the other way when representing an employee

Safety suggests someone else at least to show the employee's arguments were taken fully into account (so as well as recording what said , as Frank says, record your thinking that leads you to a decision giving full weight to what is said by or on behalf of the employee with your reaction to them) . But additionally if you are really not yet sure of your decision and you would prefer to resolve any differences (maybe its in reality a performance management issue) then an independent mediator cannot just provide the protection should you dismiss (in a preliminary neutral investigatory role)but help reach an agreed solution (which may include resignation and thus avoid risk of a Tribunal)

I or one of our (Modria's) panel of employment mediators could assist and even use a unique online platform to commence immediately online (and possibly resolve matters without a meeting)

 

[sjbeale]

You should chair the meeting. If you need some coaching through the process please email me at [email protected]