Meetings are a common feature of business life – an opportunity for employees to come together to discuss important issues or even to meet clients, suppliers and other external people visiting you as part of your business operations. They generally serve a useful purpose in conducting business.
But when it comes to disciplinary meetings, there is also an additional need, not just for the meeting to fulfill a purpose but also for it to remain compliant within the realms of the law.
Let’s focus on employment law. A very specific course of action needs to take place in order for the disciplinary process to comply with employment law. An investigation into the allegations needs to take place which will include establishing the timeline, events and exact details to be able to formulate an accurate legal case.
Once the initial investigation has taken place, the next step is the hearing. This is when both the employer and the employee have the opportunity to state their case. The employee is entitled to have someone accompany them to the meeting (this can be a colleague, trade union representative or an external HR consultant) and the employer, the employee and employee’s companion should all be present at the hearing.
If the employer has a set policy and disciplinary procedure then this must be properly followed throughout the case.
According to Acas, the (Advisory, Conciliation and Arbitration Service) which provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law, the participating parties should do the following at a disciplinary hearing:
Employer
- clearly state the employee’s alleged performance or misconduct issue
- run through the evidence
- ensure that detailed notes are taken throughout the process to record the proceedings
The employee should be able to
- set out the details of their case
- show evidence
- respond to any allegations
- ask questions
- call relevant witnesses (as long as there’s good notice)
- respond to any information given by witnesses
The employee’s companion should be allowed to
- set out the details of the employee’s case
- talk with the employee during the hearing
- speak for the employee
- take notes
The employer should then provide a written record of the hearing and state the outcome. This is where having the meeting audio recorded and then transcribed is beneficial.
Either the employee or the employer can request for the meeting to be recorded but it’s important to remember that there is no legal right to be able to do so. However, where it is agreed upon by both parties it can provide useful, accurate evidence of the content of the meeting.
The experience and expertise available within FSTL can come in very useful for these transcription purposes. We can attend the hearing as an independent party, record the meeting in full and then provide a written transcript of the proceedings. This means there’s no room for doubt when it comes to who said what.
If you’re interested in the FSTL transcription service for an upcoming disciplinary hearing, please get in touch via alex@fionashipley.com.