Formal Procedure - The Disciplinary Hearing
Why This Matters
The Disciplinary Hearing ensures fairness, transparency, and natural justice before any disciplinary decision is made. It gives the colleague a genuine opportunity to understand the case against them and prepare an informed response, while also minimising the risk of a flawed process, subsequent appeals, or potential legal challenge.
Key Actions for Managers – Preparing for the Disciplinary Hearing
In preparing for the Disciplinary Hearing, the appointed Disciplinary Hearing Manager should:
- Issue a written invitation letter that includes:
- Clear statement of allegations.
- Enough detail for the colleague to respond.
- Potential consequences (up to dismissal if applicable).
- Right to be accompanied by a work colleague or Trade Union representative.
- Investigation report and all relevant evidence enclosed.
For cases of sexual harassment, bullying or discrimination - Advise the colleague in writing if sharing the outcome with another party may be necessary; seek support from People & OD Case Management Hub as necessary.
- Ensure minimum 5 working days’ notice for the hearing.
- Rearrange if the colleague cannot attend (normally within 5 days).
- If the colleague is repeatedly unable/unwilling to attend:
- Seek advice from People & OD Case Management Hub.
- Consider written representations or proceeding in their absence, informing them in advance.
Supporting Success
- Use the People & OD Case Management Hub early to ensure documentation and process are robust.
- Double-check that all evidence provided is complete, relevant, and shared in full.
- Maintain neutrality and avoid assumptions before hearing all information.
Running the Disciplinary Hearing
Why This Matters
The Disciplinary Hearing provides a fair and structured platform for the colleague to respond, ensuring that both sides can present their evidence transparently. It reinforces procedural fairness and supports the University’s commitment to integrity throughout the process.
Key Actions for Managers
In conducting the Disciplinary Hearing, the appointed Disciplinary Hearing Manager should:
- Allow the colleague to:
- Set out their case.
- Answer allegations.
- Present evidence and ask questions.
- Manage witnesses appropriately:
- Notify each party in advance if witnesses will attend.
- Ensure witnesses give a summary of their evidence and answer relevant questions.
- Record witness contributions in the hearing notes.
- Allow support for witnesses/complainants in sensitive cases.
- Once all evidence is heard, adjourn to consider the outcome.
- Seek guidance from People & OD before confirming decisions if needed.
Supporting Success
- Follow a consistent hearing structure so all parties feel heard.
- Keep detailed notes and ensure an accurate record of questions, responses, and evidence.
- Maintain a respectful, calm environment—this sets the tone and reduces stress for all involved.
Communicating the Outcome
Why This Matters
This step ensures that outcomes are clearly understood and defensible, providing clarity on expectations, future standards, and the appeal process. It also helps protect the organisation from inconsistent or unfair decision-making.
Key Actions for Managers
In reach an outcome of the Disciplinary Hearing, the appointed Disciplinary Hearing Manager should:
- Decide the outcome based on:
- Nature and seriousness of the misconduct.
- Consistency with previous cases.
- The colleague's record, service, mitigation, and explanations.
- Communicate the decision:
- Where appropriate or possible, decisions will be communicated at the hearing (after an adjournment), however where this is not possible the Disciplinary Hearing Manager will otherwise conclude the hearing and notify the colleague of their decision in writing.
- Always in writing within 10 working days.
- If no formal action:
- Inform the colleague in writing.
- Share any recommendations and assign responsibility for follow-up (usually the line manager).
- If disciplinary action is issued, include:
- Details of misconduct.
- Expected behaviour/improvement.
- How long the warning remains live.
- Right of appeal.
Supporting Success
- Ensure written outcomes are clear, specific, and actionable.
- Provide support or action plans where improvement is required.
- Follow through on any recommended actions or monitoring commitments.