As you may know, taping a disciplinary hearing is perfectly legal. But supposing you hold a private meeting with managers to discuss a disciplinary case and it’s secretly recorded by the employee?
Could this be used against you in a tribunal?
Published 28.06.2007
An employee who covertly recorded her employer’s private discussions about a disciplinary hearing has been allowed to use it as evidence. Banning mobile devices from the room is one option, but
what’s the safer alternative?
Published 09.04.2014
Having asked an employee to attend a disciplinary hearing, they’ve notified you that they intend to bring immediate colleagues as witnesses. Do they have a statutory right to do this and can you
object?
Published 13.04.2022
You’ve had problems getting an employee to attend a disciplinary hearing, but new evidence has now come to light. You don’t want to delay proceedings any further, so is it okay to give her half an
hour to consider it and then proceed?
Published 13.12.2006
You’ve been conducting a disciplinary hearing for misconduct. During that meeting the employee confesses to other serious wrongdoing. Can you take this fact into account when imposing a sanction?
Published 27.04.2011
In certain circumstances an employee has the right to be accompanied by a workplace companion. Nevertheless, you don’t want the person they appoint breaching anyone’s confidentiality. How can you
make this clear?
Published 29.06.2015
You need to discipline a younger member of staff and have notified them about the hearing. Trouble is, their mum also works for you and they’ve nominated her as their workplace representative! Can
you object to their choice?
Published 28.09.2009
You’re about to hold a disciplinary hearing and there will be a number of witnesses present. How far does the ACAS Code of Practice allow you to go in your questioning? In other words, could you
carry out a full cross-examination?
Published 07.10.2011
With tribunal fees having been abolished, a robust disciplinary investigation is more important than ever. But how should the investigator set out their findings and when does their role in the
process end?
Published 10.10.2017
If an employee misses two disciplinary hearings through illness, you might be tempted to arrange a third and go ahead in their absence. However, there is another option available to you. What is it
and how can you ensure it’s legal?
Published 21.03.2019