How to Beat Disciplinary Hearings

How to beat disciplinary hearings:

This webpage will assist you in knowing on how to beat disciplinary hearings. This webpage last updated on the 7.7.26.

Below, my wife Amy and I have answered the most commonly asked questions, which we get asked by employees who are subjected to either a disciplinary investigation or disciplinary hearing.

  • How to beat disciplinary hearings?
  • Can you be sacked at a disciplinary hearing?
  • If I’m under investigation at work, should I be suspended?
  • What happens after an investigation meeting?
  • What are workplace investigation outcomes?
  • I am being investigated at work what are my rights UK?
  • Suspended from work pending investigation what are my rights?
  • How to avoid dismissal for gross misconduct?
  • Disciplinary meeting tips for nervous employee.
  • Disciplinary hearing questions.
  • Flawed disciplinary investigation.
  • Signs your case will be dismissed UK.

Question – How to beat disciplinary hearings?

Answer – The less you say in the disciplinary hearing the better. Most people subjected to a disciplinary hearing tend to ramble on at the disciplinary hearing. This is a mistake. The less you say at the disciplinary hearing the better. Remember – ‘less is more’. Stay in control during the disciplinary hearing or disciplinary investigatory meeting. Keep your answers short and to the point. Answer questions at the disciplinary hearing in as few words as possible without appearing to be evasive.

Question – Can you be sacked at a disciplinary hearing?

 Answer – Yes, but it is highly unlikely that you would be sacked at a disciplinary hearing. The reason why you are very unlikely to be sacked at a disciplinary hearing is that an Employment Tribunal would draw an ‘adverse inference’ that your employer did not take a ‘reasonable timeframe’ to consider matters, which you raised during the disciplinary hearing. Sacking you at a disciplinary hearing could result in a claim for unfair dismissal. It is highly likely that an employer would take a day or two after the disciplinary hearing to sack you rather than actually sacking you at the disciplinary hearing.

Question – Suspended from work pending investigation what are my rights?

Answer – The Court of Appeal has held that suspension from work is NOT a “neutral act” because suspension from work changes the “status quo from work to no work”. My wife Amy & I have created a grievance letter for you to submit to your employer if you have been suspended from work. Please see our suspension from work webpage.

Question – What happens after an investigation meeting?

 Answer – After an investigation meeting the employer will consider your answers at the disciplinary hearing, and take into consideration any mitigation, which you provided during the disciplinary hearing. Any decision made by the employer after the disciplinary investigatory meeting has to be fair and equitable, otherwise your employer runs the risk of you bringing a claim for ‘unfair dismissal’. If you are concerned about the disciplinary investigatory meeting or attending a disciplinary hearing, we suggest you contact us during business hours (9-5) at myrightsuk@protonmail.com or call us on 07775943414. It is always better to seek our assistance before attending the disciplinary workplace investigation meeting or disciplinary hearing.

Question – What are workplace investigation outcomes?

Answer – The outcomes to a workplace investigation can result in a written warning, a final written warning, or dismissal. It is more likely that your employer will give you a written warning as part of the workplace investigation outcome. However, if the employer believes that your conduct amounts to ‘gross misconduct’ you may be dismissed. Thus, when inviting you to a disciplinary investigatory meeting, the disciplinary invite letter will usually outline whether or not your employer considers your conduct to be “gross misconduct”. If the letter inviting you to a workplace investigation meeting states that one of the outcomes is “gross misconduct” or “dismissal” we suggest you reach out to us during business hours (9-5) at myrightsuk@protonmail.com or call us on 07775943414. It is always better to seek our assistance before attending the disciplinary workplace investigation meeting or disciplinary hearing.

Question – I am being investigated at work what are my rights UK?

 Answer – You have the right to a fair and equitable disciplinary investigatory meeting or disciplinary hearing. You will usually be asked to attend a disciplinary investigatory meeting before actually being invited to attend a ‘disciplinary hearing’. The first step is an investigatory meeting. If after the disciplinary investigatory meeting, the employer believes there has been wrongdoing on your part, then your employer will send you a further letter inviting you to attend a ‘disciplinary hearing’. We suggest you reach out to us during business hours (9-5) at myrightsuk@protonmail.com or call us on 07775943414 in the event you have been invited to attend a workplace investigation meeting or disciplinary hearing. It is far better for us to prepare you in advance of attending the disciplinary meeting then after the disciplinary meeting or disciplinary hearing has already occurred. We can walk you through the steps your employer will likely take, and moreover, assist you in answering any questions you may be asked as part of the disciplinary hearing. We can also assist you in formulating a strategy for the disciplinary investigatory meeting or disciplinary hearing. Put shortly, you don’t want to be a lapdog during the disciplinary process. You need to be robust in defending yourself, and furthermore, in adducing and eliciting the facts and information to properly argue your case prior to attending a disciplinary investigatory meeting or disciplinary hearing. This strategy is outlined in the following case authorities:

Spink v Express Foods Limited [1990] IRLR 320:

“It is a fundamental part of a fair disciplinary procedure that an employee know the case against him. Fairness requires that someone accused should know the case to be met; should hear or be told the important parts of the evidence in support of that case; should have an opportunity to criticise or dispute that evidence and to adduce his own evidence and argue his case.”

Bentley Engineering Co Ltd v Mistry [1979] ICR 47:

“Employers disciplinary proceedings require that an employee should have a chance to state his own case and to know sufficiently what was being said against him, so that he could put forward his own case properly, and have a chance to state his own case in detail. The employee must know in one way or another sufficiently what is being said against him. If the employee does not know sufficiently what is being said against him, he cannot properly put forward his own case. This encompasses the employee either being allowed to see witness statements against him or be allowed to listen to what witnesses have to say about him.”

Question – How to avoid dismissal for gross misconduct?

Answer – If you want to avoid dismissal for gross misconduct, my wife Amy & I can assist you in preparing a strategy for the disciplinary investigatory meeting or disciplinary hearing. Put shortly, piss poor planning leads to piss poor performance. So, if you want to avoid being dismissed for gross misconduct, please reach out to us to book a consultation during business hours (9-5) at myrightsuk@protonmail.com or call us on 07775943414. We charge £35 for an initial consultation up to one hour, and £50 an hour thereafter. We can assist you in articulating the case against you, defending yourself, and knowing what to say and what not what to say at a disciplinary hearing. The key here is not to be obstructive or defensive, but rather to be seen to be acting reasonably, even if you are not actually acting reasonably. Amy and I have helped hundreds of clients over the last 14 years to beat disciplinary hearings. Please see our testimonials page.

Question – Disciplinary meeting tips for nervous employee?

Answer – It is only natural that you will be nervous when attending a disciplinary hearing. Your employer counts on this. The more you rabbit on in the disciplinary hearing due to your nerves, the more you will undermine yourself. Less is more. The less you say at the disciplinary hearing the better. Keep your answers during the disciplinary meeting succinct, short, and to the point. Don’t waffle or feel obligated to speak if there is silence during the disciplinary hearing or disciplinary investigatory meeting. We have created a template to assist you if you are invited to attend a disciplinary investigatory meeting or disciplinary hearing. The template assists you in knowing the do’s and don’ts when attending a disciplinary investigatory meeting or disciplinary hearing.

Question – Disciplinary hearing questions?

 Answer – If you have a medical condition such as Anxiety, Depression, PTSD, ADHD, Autism, Aspergers, Cancer, Asthma, Migraines etc, you can ask your employer (as a reasonable adjustment) to send you the questions, which it wants to ask you at the disciplinary investigatory meeting or disciplinary hearing 48 hours in advance of the disciplinary hearing taking place. If your employer fails to make this adjustment, we suggest you raise a grievance for disability discrimination.

A failure to make a reasonable adjustment is a contravention of s.39(2)(b)(5) of The Equality Act 2010.

It is incumbent upon your employer not to put you at a disadvantage during the disciplinary hearing because of an impairment or disability you have. If you feel that your employer is discriminating against you, please reach out to us to book a consultation during business hours (9-5) at myrightsuk@protonmail.com or call us on 07775943414. We charge £35 for an initial consultation up to one hour, and £50 an hour thereafter.

Question – Flawed disciplinary investigation:

 Answer – What to do if you have been subjected to a flawed disciplinary investigation. In short, contact us at myrightsuk@protonmail.com or call us on 07775943414. We charge £35 for an initial consultation up to one hour, and £50 an hour thereafter. We can assist you in drafting a letter of grievance or complaint letter if you have been subjected to a flawed disciplinary investigation. An employer who undertakes a flawed disciplinary investigation is not only in breach of the implied term of mutual trust and confidence, a flawed disciplinary investigation also perverts the natural justice.

An employer undertaking a flawed disciplinary investigation is very likely to lead to the aggrieved employee lodging a formal grievance letter. In fact, if you don’t ‘object, protest, and challenge’ the flawed disciplinary investigation, then you would be seen as ‘affirming and acquiescing’ to the flawed disciplinary process especially if you are dismissed.

The consequences for an employee who does not object, protest, and challenge a flawed disciplinary process were succinctly outlined in the cause authority of

Mr J Hargreaves v Governing Body of Manchester Grammar School UKEAT/0048/18/DA, whereas the Employment Appeal Tribunal drew an ‘adverse inference’ that the employee had not advised his employer (the respondent) that his suspension was “inappropriate” or that the disciplinary investigation was flawed.

Question – Signs your case will be dismissed UK?

 Answer – we would suggest that your case is likely to be dismissed if your employer cannot adduce ‘evidence’ as part of a disciplinary investigation or disciplinary hearing. Put shortly, without actual ‘evidence’, an employer would be wrong to take disciplinary action against you.

My wife Amy and I are employment consultants with 26 years combined experience helping clients like you.

We only help employees!

Amy & I both took our own employers to the Employment Tribunal due to having been subjected to a toxic work environment by our managers.

We know firsthand the stress, anxiety, and distress, which you now feel, because Amy & I have already trodden the path, which you now tread.

After suing our employers in the Employment Tribunal, Amy & I created this website in 2011, to assist employees like you to know your legal rights here in the UK.

The reality is, most of us can’t afford solicitors fees or the £350 + VAT they charge per hour.

Remember, you don’t have to be alone in going through your employment dispute with your employer. We took our own employers to the Employment Tribunal and know what you are going through. If you feel you need assistance writing your grievance letter Amy & I can write your grievance letter for you.

We only charge £35 for an initial telephone consultation up to one hour. During the initial consultation, we can talk through your employment situation, provide guidance, and support you from beginning to end.

Amy & I can assist you in avoiding the pitfalls that employees often make and help you understand the psychology behind the grievance process so that you get the upper hand. Remember, you only get one chance to get this right, so make sure you do just that!

Go on, don’t hesitate, pick up the phone and call us 07775943414 (9-5 UK) or email us at: myrightsuk@protonmail.com

Over the past 15 years Amy & I helped thousands of clients. Read our testimonials page.

Amy & I can write you a custom grievance letter for any of the following employment issues:

Reach out to us on 07775943414 (9-5 UK) or email us – myrightsuk@protonmail.com

We work 7 days a week because we know your employment problems don’t just end on a Friday afternoon!

Go on pick up the phone and call us on 07775943414 (9-5 UK)!

Alternatively, reach out to us via email at: myrightsuk@protonmail.com