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Disciplinary Hearing

A. In cases being referred to a disciplinary hearing regarding frequent sickness absence there will not normally be H...

A. In cases being referred to a disciplinary hearing regarding frequent sickness absence there will not normally be HR representation at the formal absence review meeting unless this is complex or the employee has intimated that they will be accompanied. Therefore, if a manager has any questions regarding the outcome from a Formal Absence Review meeting and whether it is reasonable to refer to the next in line manager for consideration at a disciplinary hearing advice from the HR Support & Advice Unit can be sought. 

A. One purpose of sending the employee a copy of the meeting outcome letter to agree that the contents are accurate o...

A. One purpose of sending the employee a copy of the meeting outcome letter to agree that the contents are accurate or to highlight amendments is to reduce any potential for future dispute, including at the disciplinary hearing. Therefore, any disputes regarding the information in the meeting outcome letter should be resolved prior to a disciplinary hearing. The manager who oversaw the attendance process is required to be present at the disciplinary hearing to discuss any inconsistencies and to answer any questions as per the Board’s Disciplinary Policy & Procedure.

 

A. Yes, if requested an HR Representative can be present to support the presenting manager in cases of potential dism...

A. Yes, if requested an HR Representative can be present to support the presenting manager in cases of potential dismissal. An HR representative will always be present to support the disciplinary chair

A. The manager who conducted the Formal Absence Review meeting and has concerns regarding the employee’s attendance l...

A. The manager who conducted the Formal Absence Review meeting and has concerns regarding the employee’s attendance levels is responsible for referring the case to the next in line manager for consideration at a disciplinary hearing and presenting this information at the disciplinary hearing. 

A. A disciplinary hearing invite letter should be sent to the employee at least 5 working days prior to the hearing d...

A. A disciplinary hearing invite letter should be sent to the employee at least 5 working days prior to the hearing date. To ensure that the employee has adequate time to prepare their case particularly when the issue is complex, it is advisable to give a longer period of notice of the disciplinary hearing.

The disciplinary outcome letter should be sent out within 5 working days from the date of the disciplinary hearing.

Both the disciplinary invite and disciplinary outcome letters are sent from the disciplinary chair. Templates are available via NHSGGC : Attendance Management Tools & Templates

A. If an employee returns the disciplinary outcome letter with amendments which are not agreed by the disciplinary pa...

A. If an employee returns the disciplinary outcome letter with amendments which are not agreed by the disciplinary panel then both copies of the letter (original and amended) should be retained together in the employee’s personal file for the warning duration. 

A. The manager referring the case to the manager with authority to dismiss will prepare the report with HR reviewing ...

A. The manager referring the case to the manager with authority to dismiss will prepare the report with HR reviewing this report prior to final submission. This report will consist of a summary of any meetings and support and will include meeting outcome letters, OHS reports and any other relevant documentation. 

A. No, an HR Representative will be present as part of the disciplinary panel to provide policy advice to all parties...

A. No, an HR Representative will be present as part of the disciplinary panel to provide policy advice to all parties present.