Disciplinary - Frequently Asked Questions
I have been suspended from working pending an investigation. Will I still get paid?
Last updated: Fri Jan 26 10:54
Any colleague who has been suspended as part of a disciplinary process will continue to be paid in full and receive normal benefits for the duration of the suspension.
How long does the disciplinary process take?
Last updated: Fri Jan 26 10:54
There is no definitive timescale for concluding a disciplinary process, however the University will investigate the alleged misconduct without unreasonable delay, carrying out any necessary investigations to establish the facts. If the investigation finds a case to answer, it will progress to a formal disciplinary meeting. The meeting will be arranged without unreasonable delay and at a convenient time with 5 working days notice given. The outcome of the meeting will be communicated in writing within 10 working days of the formal disciplinary meeting.
I have been issued with a warning. What happens when it expires?
Last updated: Fri Jan 26 10:54
Following the expiry date of your disciplinary warning, it will no longer be considered a live santion and will be disregarded in determining any future disciplinary sanctions. The documents from the process including outcome letter will however remain within your HR file.
I've been invited to an investigation meeting as a witness. Do I have to attend as I'd prefer not to
Last updated: Fri Jan 26 10:53
No, we will not insist that you attend however it would be helpful to understand why you do not wish to attend. We may be able to work around your concerns with alternative investigative means. It is recommended that you discuss your concerns with the investigating manager or the HR adviser supporting the case.
I am unhappy with the outcome of my disciplinary hearing. How can I appeal?
Last updated: Fri Jan 26 10:53
You will be provided with the outcome of the formal meeting in writing, within this letter it will set out what you should do to appeal. Typically this will be to write (letter or email) to your Head of HR, within 10 working days of receipt of the outcome submitting the full grounds of your appeal.
The following grounds of appeal will be considered:
1) Procedural error;
2) An unreasonable decision was reached that is significantly out of line with the evidence considered;
3) New evidence is now available which could not have reasonably been provided when the original decision was made.
Where the appeal relates to new evidence there should be a clear statement provided outlining the reason why this was not available for consideration at the previous stage.
As a witness in a disciplinary process, can I remain anonymous?
Last updated: Mon Mar 18 8:47
Witness anonymity is protected as far as possible during the investigation process and witness statements can play a very important part of any investigation. The specifics do vary depending on the nature of the case being investigated therefore it is adviseable that you discuss any concerns directly with the investigating manager and/or you may wish to seek further advice from your local People & OD Team.
I have been invited to an investigation meeting. Can I record the meeting?
Last updated: Fri Jan 26 10:54
The University's policy is that audio recordings are not permitted in formal meetings. A non-verbatim written record will be taken by an appropriate note taker, who will capture a summary of the key points. Copies of these notes will be given to you and other the parties present and you should inform the University if you wish to comment on the accuracy of the notes within 5 working days of receiving them. You or your representative are also welcome to take your own written notes during the meeting.
I have been invited to an investigation meeting. Can I bring a friend or family member?
Last updated: Fri Jan 26 10:55
The University's policy is that employees may be accompanied at a formal meeting by a work colleague, a duly accredited Trade Union representative or an official employed by a Trade Union. Therefore family members or friends who are not employed by the University or accredited Trade Union will be unable to accompany you to the investigation meeting.
I have been invited to an investigation meeting as a witness. What will be involved?
Last updated: Fri Jan 26 10:53
You will be invited as a witness if the investigating manager(s) believe you have relevant information that would be helpful in the investigation. This will be part of a fact finding exercise and your conduct is not in question.
The meeting will be conducted by an investigating manager(s) and they may be accompanied by an HR representative.
A notetaker will also be present to take a non-verbatim summary note of the meeting and this will be shared with you after the meeting. You will be invited to review the notes to ensure they are an accurate reflection of the main points of the discussion, and to then sign and return as confirmation of your agreement of their accuracy. Any notes, along with any other information gathered as part of the investigation process will form part of the investigation report and will be shared with the individual concerned.
During the meeting the investigating manager(s) will outline the purpose of the meeting and provide context as much as they can whilst protecting confidentiality. The investigating manager(s) will then invite you to share relevant information and may ask specific questions regarding the situation.
Does the investigating manager also conduct any subsequent hearing?
Last updated: Thu Mar 21 11:48
Investigating Managers do not chair any subsequent hearings and a different manager would be identified to carry out the formal process.
I have been asked to investigate misconduct. Where do I start?
Last updated: Fri Jan 26 10:54
It is recommended that you familiarise yourself with the Disciplinary Procedure and Guidance for managers conducting disciplinary investigations in advance of a discussion with your local HR adviser.
How do I start the disciplinary process?
Last updated: Fri Jan 26 10:54
If allegations of misconduct have been made against a member of your team then your should contact your local HR adviser to discuss the case. It is recommended that you familiarise yourself with the Disciplinary Procedure and Guidance for managers conducting disciplinary investigations in advance of the discussion with your local HR adviser.
As a witness, can I bring a work colleague or trade union representative to an investigation meeting
Last updated: Mon Mar 18 8:46
Witnesses are not normally accompanied at the meetings but if there are any particular concerns then these should be raised directly with the investigating manager in the first instance.
Can I bring a work colleague or trade union representative to an investigation meeting?
Last updated: Thu Mar 21 11:48
The University's policy is that employees may be accompanied at a formal meeting by a work colleague, a duly accredited Trade Union representative or an official employed by a Trade Union. Therefore individuals can be accompanied at an investigation meeting either by a work colleague not already involved with the investigation or trade union representative.
I have been invited to a formal disciplinary meeting. Can I record the meeting?
Last updated: Fri Jan 26 10:54
The University's policy is that audio recordings are not permitted in formal meetings. A non-verbatim written record will be taken by an appropriate note taker, who will capture a summary of the key points. Copies of these notes will be given to you and other the parties present and you should inform the University if you wish to comment on the accuracy of the notes within 5 working days of receiving them. You or your representative are also welcome to take your own written notes during the meeting.
I don't agree with the allegations against me. What can I do?
Last updated: Fri Jan 26 10:54
If you have been notified that allegations of misconduct against you will be investigated, you will have the opportunity as part of the investigation process to state your case and provide any evidence to counter those allegations. All information gathered in the investigation will be considered in balance and used to determine whether there is a case to answer. Should the investigation determine that there may be a case to answer then it will proceed to a disciplinary hearing.
At the formal disciplinary hearing you will then be provided a further opportunity to respond to the investigation report and present your case to the disciplining manager or panel. The disciplining manager or panel will take into account all information presented to them before making their decision.