Presenting of Evidence. Yes, in your hypothetical case, the plaintiff can introduce new evidence and called undisclosed witnesses at trial in two typical scenarios. It takes account of best practice to ensure compliance with the law relating to unfair dismissal and the Acas Code of Practice. 0000107465 00000 n 38 0 obj <> endobj The ACAS Code of Practice provides a minimum standard of conduct and process requirements to be met such as: 1. trailer The hearing should be held as soon as possible after the investigation, while giving reasonable time for the employee to prepare. Please do not include any personal details, for example email address or phone number. Can one rely on a written statement or other indirect evidence in a disciplinary hearing? If your employer is intending or considering taking any form of disciplinary action against you, they are required to follow the ACAS Code of Practice. Example The roll of copper wire handed in at the hearing. letter templates for giving an employee notice of a disciplinary meeting, Discipline and grievances at work: the Acas guide, Download disciplinary meeting letter templates, Acas Code of Practice on disciplinary and grievance procedures, Download Discipline and grievances at work: the Acas guide (PDF, 841KB, 79 pages), the alleged misconduct or performance issue, any other information they plan to talk about, the date, time and location of the hearing, information on the employee’s right to be accompanied to the hearing, a workplace trade union representative who's certified or trained in acting as a companion, explain the employee’s alleged misconduct or performance issue, call relevant witnesses (with good notice), respond to any information given by witnesses, choose if their companion can speak for them at the hearing, respond for the employee to any comments or points made at the meeting, talk with the employee during the hearing, sum up the employee’s case at the end of the hearing, tell the employee what happens next and give a timeframe, take a written confidential record of the hearing, any rules their workplace has for dealing with failure to attend disciplinary meetings, how their workplace dealt with similar cases in the past, the seriousness of the disciplinary issue, the employee’s disciplinary record, general work record, work experience, position and length of service, getting a medical opinion on whether the employee is fit to attend the meeting (with the employee’s permission). It is not the argument, but rather facts or information to prove the argument is correct. Where the investigation shows the employee has a case to answer, the employer should ask them to a disciplinary meeting or ‘hearing’. The essence of the disciplinary hearing is a dialogue between the employer and the employee and an opportunity for reflection before any decision is taken to dismiss the employee. This states that when inviting an employee to a disciplinary hearing, “It would normally be appropriate to provide copies of any written evidence, which may include any witness statements”. This might mean allowing someone else to attend, for example a support worker or someone with knowledge of the disability and its effects. The opportunity to appeal against a disciplinary decision is essential to natural justice and appeals may be raised by employees on various grounds, including new evidence having come to light, or the undue severity or inconsistency of the penalty imposed. %%EOF A… Step 5: Deciding on the disciplinary outcome. We cannot respond to questions sent through this form. It is seen as indirect evidence and so can be unreliable. The complainant’s witness will be called to the hearing. 0000004425 00000 n My advice would always be to carefully consider the ACAS Code on Disciplinary & Grievance Procedures. �,�����G��N?/���ؽw�3��Jr�F��|I1��6��ξ� Because of this potential unreliability, the chairperson must carefully look into the weight that he gives hearsay evidence. 0000001163 00000 n Evaluating the evidence gathered in the investigation to establish whether it constitutes proof or not. This is called ‘the right to be accompanied’. %PDF-1.5 %���� 0000009624 00000 n 1. By law, an employee or worker can bring a relevant person (‘companion’) with them to a disciplinary hearing. 0000009877 00000 n new material evidence tendered on appeal – need to be presented and ... 4 In the resumed hearing the evidence heard to date will remain as ... evidence against him at the disciplinary hearing and arbitration. Establishing who will present the evidence at the disciplinary or arbitration hearing. 0000001280 00000 n 0000001809 00000 n Anonymous witness statements can be taken in exceptional circumstances. 0000038657 00000 n Ensuring that the person investigating the disciplinary issue is different from the person making the final decision at the disciplinary hearing. The Admissibility of Evidence by Statement in a Disciplinary Hearing By Ian Mc Laren 18/07/2011 No Comments In accordance with section 188 of the Labour Relations Act, in order to determine whether or not a dismissal is procedurally fair, the court will first look to the Code of Good Practice: Dismissals in Schedule 8 of the LRA. They should then rearrange the hearing at a later date. Formulating the charges to be brought against the accused at the disciplinary hearing. 0000007062 00000 n A disciplinary hearing is a meeting between you and an employee, held when you wish to discuss an allegation of gross misconduct with an employee (or any other behaviour that merits disciplinary action). The most common type of evidence submitted is testimonial evidence. The checklist could also be used for formal hearings that could lead to warnings for capability or attendance. De novo, in the context of arbitrations, means determining the matter afresh. For example, if the employee is off with stress and is worried about coming to the workplace, they could hold the meeting somewhere else. 0000010330 00000 n Can one rely on a written statement or other indirect evidence in a disciplinary hearing? disciplinary hearing therefore has elements of a court hearing, but is not a hearing in a court of law.19 The presentation of evidence in such a hearing requires due process, a fact which presents many challenges to the evidence leader. You should always go through normal disciplinary procedure before conducting a hearing, including carrying out an investigation to find all relevant information and interview any witnesses. If new matters arise during the hearing itself and a fair decision cannot be reached without further investigation, the hearing should be adjourned to a later date to allow that investigation to take place. 0000007984 00000 n 0000008634 00000 n LJ�����F3�k�ҴX`�o�E�=r���T�+�}�}Z~q_�����Cp��,R���jRq���!�*!��|(���f�hew~Z�~z Employers can, but do not have to, allow companions who do not fall within the above categories. 0000015633 00000 n In a disciplinary enquiry, hearsay evidence is said to be evidence whose value depends on the credibility of any person other than the one giving such evidence. Objections by the union representative, the plaintiff can introduce new evidence to the disciplinary issue is from! The roll of copper wire handed in at the disciplinary hearing disciplinary meeting rely on a written or. Reaches a decision, they should tell the employee in writing and tell of. 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