How to Run a Disciplinary Hearing That Survives a Tribunal

You can be entirely right about what the employee did and still lose. It happens constantly, for boringly preventable reasons.

Separate the roles. The investigator should not decide, and neither should hear the appeal. In small businesses this is genuinely difficult — an argument for an external investigator, not an excuse.

The invitation letter does more work than the hearing. It must set out the allegations specifically enough to prepare against, enclose the evidence you intend to rely on, confirm the right to be accompanied, and state that dismissal is a possible outcome if it is.publishing

The Code is the measuring stick. In Great Britain the Acas Code sets the minimum for discipline and grievance. In Northern Ireland the LRA Code applies, with the statutory three steps: written notification, a meeting with the right to be accompanied, and an appeal if requested.

Decide, then explain why. The outcome letter gets read aloud in evidence. Record what was alleged, what was found, what mitigation was considered, why this sanction rather than a lesser one, and how to appeal. “Having considered the matter, you are dismissed” is not a reasoned decision.

Hearing scheduled? We’ll review your invitation letter and question plan first. 0121 256 8043.