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How much notice should be given for a disciplinary meeting

 
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  • Answered by:Ben Jones
  • Solicitor
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Customer Question

How much notice should be given for a disciplinary meeting

Submitted: 993 days and 18 hours ago.
Category: UK Law
Value: £33
Status: CLOSED

Accepted Answer

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Expert:  Ben Jones replied 993 days and 17 hours ago.

Chat Conversation Started

Ben Jones :

Hi, can you please provide some brief details on your situation?

Customer :

Letter received by hand asking me to attend disciplinary meeting tomorrow at 11.30 to discuss accusations. No previous knowledge of these accusations and letter states employer considering dismissing or disciplinary taking action against me

Ben Jones :

Do you have a disciplinary policy at work?

Customer :

Yes but do not have it to hand. Is it not a statutory right of employees to have a period of time in which to prepare themselves?

Ben Jones :

It is not a statutory right. First and foremost employers should consider their own disciplinary policy, especially if it forms part of the employee's contract. If the policy is silent on the issue or there isn't one, then employers are expected to look to the ACAS Disciplinary Code of Practice. The Code is considered by employment tribunals if a claim is made and if an employer is judged to have unreasonably failed to follow it, then the tribunal can increase the employee's award.

With respect to disciplinary hearings, then the Code does not actually state the minimum notice to be given to employees to attend a disciplinary hearing. The letter should contain sufficient information about the alleged misconduct and its possible consequences to enable the employee to prepare to answer the case at the disciplinary hearing.

If you believe the notice is unreasonable then you can ask for the meeting to be rescheduled. Your employer does not have to agree but if they refuse, then you may use this to help you with any claim you may be making against them in the future.

Customer :

Ok thank you will study the company policy and may come back to you.

Ben Jones :

No problem. I would be grateful if you could please press Accept on exit, many thanks

Expert TypeSolicitor
Category: UK Law
Pos. Feedback: 98.5 %
Accepts: 7964
Answered: 8/25/2010

Experience: Specialist in UK Law with expertise in UK Employment Law

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