Employment law

[rbhealthandsafety]

If someone is being disciplined for gross misconduct how long should the employer give as notice before the hearing and what is the process that should be followed?

Cheers

 

[PI Guy]

have a look through this but the min is 48 hrs written notice http://www.acas.org.uk/CHttpHandler.ashx?id=272&p=0

 

[rbhealthandsafety]

Many Thanks

 

[apeebles]

You can suspend them on full pay straight away I believe if this is helpful. Usually on gross misconduct I would certainly consider this option and depending on how much investigation is required you may want to allow 5 days. i.e. Write a letter first class inviting them to a meeting and giving reasonable time for the letter to arrive and for them to act accordingly.

 

[yorkshirejames]

Unless you have

(A) a very good, fully justifiable reason for the possible GM dismissal
AND
(B) a robust, fully watertight employment contract and associated policies

expect the employee to go straight to a solicitor and to claim unfair dismissal.

It may well be in your interests to propose a compromise agreement.

 

[harvey25]

First of all you need to inform the employee in writing that you are inviting them to a disciplinary hearing. This letter should include what the problem is, the date and time of the hearing, where it will be held, who will be attending and informing the employee they are entitled to be accompanied by a trade union rep or a work colleague. The details of this person should be passed to you no later then 24 hours before the hearing date. You should attach any evidence you have to back the claim up.

You then hold the meeting. You should tell the employee exactly what the problem is, why it is classed as misconduct and then give the employee the opportunity to give you their own reasoning. At the end of the meeting you should inform the employee that you are going to take all the evidence gathered and their comments and review the situation and tell them you will let them know within 24 hours the date a meeting will be held to discuss the out come.

During the outcome meeting you should explain what you have considered and why you have come to the decision you have (this should also be provided in writing) You must also inform the employee (in writing) that if they wish to appeal they should inform you, in writing what the appeal is within the next 7 days.

Hope that helps

 

[Employment.Law.Advice]

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[yorkshirejames]

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[Employment.Law.Advice]

Thanks Yorkshire James.
Its a great forum, cant believe I havent found it before!!
glad to be here!

 

[bandaid]

The disciplinary policy if my last employer stated that susupension would only be appropriate if the continued presence of the employee would seriiously disrupt either the normal workings of the organisation or would prejudice or hinder any relvant investigateion. Any way it is considered as a last resort. Alternative employment should be found if practicable.

may be applicable.

 

[rotciv]

If someone is being disciplined for gross misconduct how long should the employer give as notice before the hearing and what is the process that should be followed?

Cheers

To answer briefly,
You need to give sufficient time in order that the employee could both prepare his argument/defence and to allow for suitable accompaniment, this would normally be about 4 days.

(suspension is there if required, but should only be used if appropriate) There should be an ivestigation and subject to the findings a disciplinary instigated if required.
This should be as a minimum the 3 step procedure.