Employee Misconduct and Disciplinary Hearings

Employee misconduct creates disruption in your workplace. Poor behaviour which can range from laziness to bullying will detrimentally affect your workplace culture and ultimately damage productivity. Our employment solicitors can support you to appropriately address misconduct, from low level issues to gross misconduct.

A starting point for all employers is to have a clear and relevant code of conduct. It is worth noting that different businesses will have different codes of conduct, for example, having an alcoholic drink at lunch time is not usually a problem for most businesses, however it is likely to be gross misconduct in some cases, for example aviation. You need to set out what behaviours will not be tolerated in your workplace and, importantly ensure that your employees are made aware of it.

Once this is clear, conduct issues should reduce. However, if you are faced with a misconduct issue, you need to deal with it promptly and via the correct process. Delaying will not help you and may even leave your business unable to deal with it effectively at a later date, or in respect of another employee committing that same misconduct at a later date.

In addition to swift action, a robust investigation is essential. The entire process rests and falls on this being done properly. If you get this wrong, and the process ends in dismissal, there is a grave risk that it will be unfair.

Our experienced solicitors can support you  with detailed advice on any part of the procedure. We can advise you on how to prepare for and deliver a thorough investigation process, when suspension is appropriate and how to conduct robust and lawful disciplinary and appeal processes. Our solicitors are renowned for delivering commercial advice focused on what you want to achieve.

Swift and decisive action is always necessary. Your team leaders and managers are at the coal face in dealing with disciplinary issues but if they are not adequately trained on how to identify these issues and manage them, problems are inevitable. We offer two hour leadership training sessions on how to conduct an effective disciplinary process.

Why choose Trethowans?

Our employment solicitors can:

  • Help you set the code of conduct that is right for you and your business
  • Prepare and advise on relevant disciplinary policies and procedures.
  • Guide you through the disciplinary procedure, from investigation to appeal
  • Draft or check all the documents you need to support the process including emails, letters, scripts, guidance notes and investigation questions
  • Advise you on how and what to collate as gross misconduct evidence; and when/how to use it
  • Advise you on any settlement negotiations (such as a protected conversations/without prejudice discussions)

Our employment team is also ranked in for Employment Law in the South for Chambers and Legal 500

For expert legal advice on gross misconduct and disciplinary hearings, don’t hesitate to contact our team of experienced employment solicitors on 0800 2800 421.

We can also deliver training to your directors and managers on how to effectively conduct a disciplinary process.

Read our frequently asked questions

Answers are just a click away

Make an enquiry