One of the many challenges that employers are facing currently is the management of disciplinary and grievance hearings when these can’t be conducted face to face. ACAS have issued up to date guidelines to support Employers with such scenarios, and we have attached a link to these here, but what is clear is that Employers must still make judgement calls based on each individual set of circumstances, to determine if a remote hearing is appropriate and ultimately fair.

The laws on how to handle disciplinary and grievance meetings have not changed, so following the usual process is important, albeit that there will be amendments needed to cater for a remote hearing. Some areas for Employers to consider:

• Can the matter wait? What is the impact of postponing the hearing? How complex is the case in question?
• Is the employee able to have sufficient privacy at home to be able to fairly represent themselves in a hearing?
• Can the employee access and use online tools to attend the meeting and has no disability which might make that more difficult?
• Is all the relevant paperwork available and accessible to all parties? Remember that the employee should be given all evidence upon which the Employer is seeking to rely in their judgement of the situation. Equally, the Employee may wish to have certain evidence considered in their defence. All relevant paperwork should be emailed, but also posted to the employee, in case they cannot print papers at home.
• Is it feasible for the Employee to bring a companion with them (if they wish) and for the Employer to have a note taker? If not, then the meeting should be postponed until all parties can be present. If the remote meeting does go ahead with a companion / note taker present, then allowances must be made for the employee to talk to their companion confidentially if required.
• Recent guidance from the Government has made it clear that companions in disciplinary / grievance meetings and those chairing such hearings are not considered as working for the purposes of furlough leave, as the roles are fulfilling a statutory function.
• The stress of such hearings will naturally be compounded by running them online. Therefore, allow plenty of time and have breaks in the meeting to give everyone some headspace.
• Make sure that you can give the meeting the attention it deserves and, in as far as it is possible when working from home, ensure that you are free from disruptions.
• If you intend to record the meeting, please state this up front and provide a copy of the recording to the Employee after the hearing.

If you need guidance on a disciplinary or grievance matter, including whether or not to hold any hearing remotely, please do give us a call on 01625 428926