How to conduct a disciplinary meeting

Conducting a disciplinary meeting isn’t always a straightforward process even for the most experienced business owner. Some businesses can feel really lost if it’s a process that they’re not familiar with and the whole process can feel daunting to some.

This article will guide you through the clear and reasonable steps required to conduct a disciplinary meeting to alleviate some of the stress we all face when having those tough conversations about employee performance or serious misconduct.

What is a disciplinary meeting?

The purpose of a disciplinary meeting is to discuss allegations of misconduct or poor performance with an employee, with the objective of resolving the matter. At the end of the meeting, the employee may face disciplinary action, such as a verbal or written warning, depending on the severity of the issue. In cases of serious misconduct, the outcome could escalate to termination, but this must follow a fair process to avoid an unfair dismissal claim.

When to hold a disciplinary meeting?

A disciplinary meeting should be held when an employer needs to address concerns about an employee’s conduct, performance, or serious misconduct. Common reasons include breaches of company policies, sexual harassment, unacceptable behaviour, or ongoing performance issues that have not been resolved through informal discussions.

Disciplinary meetings should only be held after the employer has gathered all the details and is prepared to discuss concerns in a structured and professional manner.

What’s the role of a support person?

A support person plays a crucial role in ensuring fairness during a disciplinary meeting. Their primary purpose is to provide the employee with emotional support and act as an observer. They are not there to advocate for the employee or answer questions on their behalf.

The support person can be a family member, friend, colleague, union representative, or lawyer, depending on the employee’s preference. Under section 387(d) of the Fair Work Act 2009, employers can’t unreasonably refuse an employee’s request to have a support person present in discussions relating to dismissal. Unreasonably refusing such a request can be taken into account by the Fair Work Commission when assessing an unfair dismissal claim.

For employers, having a support person present ensures transparency and helps demonstrate that the meeting was conducted fairly. It’s also advisable for employers to have a human resources representative or another manager present to take notes and act as a witness.

5 steps for a seamless disciplinary meeting

1. Setting up the meeting

Before conducting a disciplinary meeting, employers must ensure they follow company policies and procedural fairness requirements. This means taking the following reasonable steps:

Provide evidence of the alleged misconduct or performance issues to the employee in advance.
Invite the employee in writing to attend the meeting, ensuring they are aware of the purpose of the meeting and the allegations being discussed.
Give the employee reasonable notice (at least 24 hours) to prepare for the meeting.
Allow the employee to bring a support person, such as a union representative, family member, friend, colleague, or lawyer, to the meeting.

If the employee chooses to bring a union support person or union representative, don’t be alarmed. Their role is not to advocate on the employee’s behalf but to provide emotional support and ensure the process is fair. Similarly, it’s a good idea for you to have management present or a human resources representative to act as a witness and take notes. This ensures that all the details of the meeting are documented.

Preparation is key. Draft a script or outline to guide the discussion and ensure you cover all the allegations and discuss concerns thoroughly. While the script doesn’t need to be word-for-word, it should help you stay focused on the valid reason for the meeting.

2. Starting the meeting

At the start of the meeting, it’s extremely important to explain that the discussion is confidential. Clarify that the employee may share the details with their support person or family member, but otherwise, the matter should remain private.

Next, outline the purpose of the meeting. Clearly explain the allegations or concerns, providing the employee with supporting evidence such as witness statements, records of work hours, or examples of the alleged behaviour. Be specific and ensure the employee understands why the issue is being addressed.

3. Encourage a response

After presenting the allegations, give the employee an opportunity to answer questions and provide their side of the story. This is a critical part of the process, as there may be mitigating circumstances or misunderstandings. For example, the employee may present evidence that challenges the claims or explains their actions.

Once the employee has responded, take a break to consider their input. Depending on the complexity of the matter, this break could range from 15 minutes to a full day. This pause demonstrates that you are taking the time to review all the details and are not making a rushed or predetermined decision.

4. Return with a decision

After reviewing the employee’s response and any supporting evidence, determine the appropriate outcome. Possible actions include:

A verbal warning.
A written warning.
A performance improvement plan to address ongoing issues.
A first and final warning for more serious allegations.
No action, if the employee has provided a valid explanation.

If the decision involves a formal written warning, you don’t need to issue it immediately.

In fact, it’s always best to prepare the warning after an outcome has been determined in the meeting to not only ensure that the warning letter truly reflects what was discussed in the meeting but also to demonstrate that you didn’t enter the meeting with a predetermined outcome in mind.

Conducting a disciplinary process isn’t always an easy task, but if you make sure you follow the steps outlined above, you’ll be assured that you’re at the very least following the proper procedural requirements.

5. Follow best practices

Conducting a disciplinary meeting is a serious step, but by following the fair process outlined above, employers can reduce the risk of an unfair dismissal claim or other legal challenges. The Fair Work Commission will consider procedural fairness – including whether the employee was notified of allegations, given a genuine opportunity to respond, and not unreasonably denied a support person – when assessing any unfair dismissal application under section 387 of the Fair Work Act 2009.

If you’re unsure about any part of the process, it’s always wise to seek legal advice or consult with a human resources professional. Proper preparation and seeking advice can help you handle even the most challenging situations with confidence.

Don’t let poorly handled serious misconduct allegations come back to bite you

Follow best-practice processes, and seek professional advice when you’re not sure of something, and you’ll be setting yourself (and your business) up for the best possible outcome.

Citation HR can ensure you follow the above process seamlessly every time – reducing your risk with our industry-leading software containing hundreds of best practice templates, guides, and workflows to help you manage employee performance and compliance. With our 24/7 HR Advice line, you’ll have the tools and legal assistance you need to tackle any HR issue with confidence.