Disciplinary Meeting Support

This process applies to performance issues, misconduct, or serious misconduct. Performance problems could include repeated mistakes, while misconduct might be anything from small matters (such as taking unauthorised leave) to serious ones like theft, violence, or blatant refusal to follow instructions. If someone complains about serious unacceptable behaviour, such as bullying or harassment, your employer must investigate properly and, if the complaint is upheld, take suitable disciplinary steps.

You’re entitled to be treated fairly and in good faith throughout. That means the process has to be impartial, based on solid evidence, and carried out honestly. You must receive all relevant evidence and allegations in advance, and you have the right to a genuine chance to explain, challenge, or put forward mitigating factors at every stage – including before any final decision is made.

Your employer should notify you in writing as soon as practicable after the concern arises. The letter must spell out exactly what the issues are, with specific examples, dates, and details of any policies you’re said to have broken. If a formal meeting is arranged, you need reasonable notice (usually 2–3 working days) plus copies of all the evidence and allegations beforehand.

Yes, absolutely. You have a clear right to representation. You may bring a support person, union representative, or lawyer to any meetings or discussions. Your employer must reasonably accommodate your choice. If you turn up without anyone, they should remind you of this right and check you’re happy to go ahead alone.

Yes, suspension is possible if the allegations are serious and your presence could create risks (for example, safety issues or the chance of tampering with evidence). Suspension is a precautionary step, not a punishment. It must be on full pay unless your employment contract says otherwise. You should receive a formal suspension letter explaining the reasons and how long it will last (or that it continues until the investigation finishes).

The meeting is your main opportunity to respond fully – to give explanations, highlight mitigating circumstances, or present counter-evidence. Your employer should go through their findings clearly and let you answer each point. Importantly, they must not hand you a ready-made decision letter straight away; they have to listen to you first and only decide afterwards.

After the meeting, your employer must carefully consider everything, including what you’ve said. They decide whether the allegations are proven on the balance of probabilities (i.e., more likely than not). Before finalising anything, they must send you a written preliminary decision with their reasons and give you another chance – usually 48–72 hours – to comment before the decision becomes final.

Any action must be proportionate. If the allegations aren’t proven, there should be no action. If they are proven, possible outcomes include a documented verbal warning, written warning, final warning (which escalate if problems repeat), counselling, training, transfer, or demotion. Dismissal is the most severe step and should only happen for justified serious misconduct, and both the reason and the process must stand up to scrutiny.

Definitely. You can request a written statement setting out the reasons for dismissal. You must ask within 60 days of the dismissal (or of finding out about it). Your employer then has 14 days to provide it. If they fail to do so, that can count as an exceptional circumstance if you later need to raise a personal grievance outside the usual time limit.

If you believe the outcome or the process was unjustifiable, you can raise a personal grievance under the Employment Relations Act 2000. This covers unfair disadvantage or dismissal, including cases linked to bullying or harassment. You normally need to raise it within 90 days of the action or when you became aware of it. If you succeed, possible remedies include reinstatement, lost wages, or compensation for humiliation.