The EZHR Guide to Your First Disciplinary
Managing a disciplinary process at any time can be one of the most intimidating and exhausting tasks, requiring a great deal from the person leading it. You have to take responsibility for what is often a crucial decision—one that may result in an employee losing their job or deciding on their future with the business. Additionally, if you make the wrong decision, it you may find yourself sitting in a tribunal, justifying the decision you made and explaining how you reached it.
That said, if you’re running a disciplinary hearing, it’s essential that you feel confident and capable of following the correct process. Feeling overwhelmed by the process is completely normal, and it makes sense to acknowledge those feelings.
What’s more important, however, is how you manage yourself through it. We always encourage people to be as prepared as possible—never walking into a meeting unprepared or trying to ‘wing it’. You need to clearly understand your role in the process, the steps that need to be followed, and whether the necessary steps have been completed correctly before your meeting.
The key to handling a disciplinary effectively starts with reviewing the investigation beforehand. Ensure the investigation has been conducted thoroughly and correctly. If there are gaps, try to address them before the meeting. Be clear on the questions you need to ask the individual facing allegations, any witnesses, and any points of evidence you need to revisit. This ensures you have a full understanding of the situation.
On the day of the hearing, have your questions prepared and all relevant information to hand. However, if new information arises during the meeting that requires further investigation, don’t be afraid to adjourn. Taking the time to gather additional details will help ensure a fair and informed decision. Curiosity is key—engage critically with the information presented and don’t take everything at face value.
It’s also important to remember that the test you must apply is not ‘beyond all reasonable doubt’ as in a criminal court, but rather ‘reasonable belief’.
Do you reasonably believe the individual has done X or Y, and does the evidence support that belief?
For example, do witness statements corroborate the allegation? Has the employee received relevant training but failed to follow it? Would you reasonably expect them to meet a certain standard, and have they fallen below it?
If you’re not confident in the information you have, seek further clarification. If you remain unsure, ask yourself why, and let that guide your decision-making process.
Above all, take your time—give yourself space to think, get back to the employee in good time, and don’t hesitate to adjourn if necessary. A well-organised approach will help you feel in control and more confident in handling the situation.
If you need support with a disciplinary process, our Practical HR Disciplinary Guides can help—get in touch for guidance. And if you need assistance with any other HR challenges, don’t hesitate to contact us at info@ezhr.uk.
