How coronavirus may see us moving towards the remote disciplinary hearing…
If you’ve been living under a rock for the past year or so – we are in a worldwide pandemic.
For employees and employers alike, 2020’s coronavirus outbreak has seen some changes to the way we live and work.
‘Changes’ may be understating it a little, with everything from sports to social events cancelled. But maybe the most drastic change came with working from home and in some cases, businesses temporarily closing their doors.
But as the old saying goes, the show must go on, and nowhere has this been more apparent than in the world of HR.
As the world of work appeared to shut down almost overnight, grievances and disciplinary procedures still very much applied – as they do to this day. This means that fairness and reasonableness remain the key words during any such discussions.
If an employee is on furlough, they can still raise a grievance as well as take part in any disciplinary hearing.
It can be stressful for any employee going through a disciplinary or grievance procedure under normal circumstances. However as we know, these are certainly not ‘normal’ times. So how can an employer carry out a hearing, while ensuring that it is fair and reasonable?
Can a disciplinary hearing be done remotely?
Yes, absolutely.
An employer should always look to follow their own procedures and policies – subject to them following Acas guidelines. If however the logistics of the workplace and coronavirus make it difficult to follow certain aspects of these policies, it would a good idea to look at the alternatives.
If for example an employee is unable to attend a physical meeting, it may be possible to carry out a hearing online. As mentioned though, any such hearing must be fair and reasonable. Therefore, it’s important to make sure any remote hearing follows a fair process, including;
- letting the employee know of any allegations made against them, as well as providing a copy of any evidence against them;
- making sure they have the right to be accompanied to any hearing;
- ensuring they have the chance to make any representations before a final decision;
- communicating any outcomes in writing; and
- ensuring the right to appeal.
When reviewing the above, it’s clearer to see where the ‘new normal’ could necessitate a change in logistics i.e. how can someone be accompanied in a non-physical meeting for example?
Can a hearing be postponed?
Again, yes. In fact in some cases it might be better to delay a hearing.
The circumstances of each case should be considered on an individual basis though. For example if the hearing is regarding gross misconduct or unlawful harassment it would be wise to treat this urgently and not delay.
If a hearing relates to an ongoing situation, think whether a delay is likely to make matters worse.
If it makes sense to delay a hearing, everyone involved should be consulted with the potential options on how and if the hearing is to go ahead. Consider:
- the employee;
- if they have one, the employee’s representative or companion;
- any parties, for example meeting chair or any witnesses.
Doing so will help ensure a fair decision is made based on all circumstances with everyone being consulted.
Can a face to face disciplinary hearing be conducted?
With many offices and workplaces slowly beginning to reopen their doors to staff, the possibility of face to face hearings is also returning.
The safety of all involved should come first though. If all involved in a hearing can come to the workplace safely and all government guidelines on working with coronavirus are followed and a risk assessment has been carried out then a physical meeting may be possible.
It’s important though to consider any objections to this in terms of employees feeling uncomfortable returning to the workplace.