Disciplinary Procedure Appendix 2

Procedure for disciplinary hearing

  • One or other of the HR Manager and the investigating manager who have conducted the investigation will present the management case and will identify the witnesses that he/she intends to call. The other investigator may make any additional points that are relevant to the case. (N.B. the employee is entitled to know who is to be called as a witness at least 3 working days before the hearing).
  • The investigators’ witnesses will then be questioned by the presenting manager and subsequently by the employee or his/her representative
  • Members of the panel may ask questions of the witnesses and of the presenting manager.
  • The employee or his/her representative will present the employee’s case and indicate any witnesses who he/she intends to call. (N.B. the investigating managers are entitled to know who is to be called as a witness at least 3 working days before the hearing).
  • The witnesses will then be questioned by the employee or his/her representative and subsequently by the investigating managers.
  • The employee or his/her representative may question the presenting manager.
  • Members of the panel may ask questions of the witnesses and the employee.
  • The presenting manager will summarise the management case.
  • The employee or his/her representative will summarise the employee’s case.
  • The Panel will deliberate in private and will let all parties know their decision within 5 working days.

Guidance notes

  • A hearing may be adjourned by the Chair if new evidence is introduced and one or both sides request an adjournment to consider how to respond.
  • Witnesses may be re-called by the Chair if one side or another requests the right to ask additional questions.
  • Witnesses will only be present when they are giving evidence and will normally be interviewed individually.

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Updated Mar 12