Disciplinary hearings: ACTIVE DEFENCE

Having a disciplinary hearing, or being
investigated for a disciplinary offence, can be
very stressful.


"The number one principle for an employee under investigation, is active defence."


As the employee under investigation, you will often feel powerless to control the process.  It may seem as though the path to being sacked for gross misconduct, is one you cannot escape.  You may be adamant that you have done nothing wrong, or that you only deserve a warning.


"When you engage with the investigation at an early stage, you increase your chances of affecting the outcome positively."


I have a lot of experience with the process of disciplinary hearings, both how they should be carried out fairly and how they often are carried out unfairly.


"I repeat, the number one principle for an employee under investigation to observe, is active defence."


This means that rather than being passive, and allowing the disciplinary process to happen to you, you take EARLY steps to prepare a strong defence and put that defence forward.


Case study


  • S was suspended by her employer, a hospital, after a patient made allegations that they had been assaulted by S.  S contacted me, and I immediately assisted her to put forward a strong defence, including a thorough examination of the evidence against her.  The hospital also referred S to her regulatory body, the NMC, and I dealt with that referral in conjunction with the internal disciplinary proceedings.  I advised S throughout the disciplinary proceedings, which the employer finally abandoned with no further action for S, and S remained employed with a clean record. As a result of the collapse of the disciplinary proceedings, the NMC proceedings also fell away.


Call me on 01223 633383 when you are being investigated, and I will conduct a thorough asssessment of your case, and then prepare with you that strong defence.


The very fact that you are legally represented, will make your employer consider very carefully how they deal with you, and the rush to dismissal can often be avoided.  Even if it cannot, because I am involved at an early stage,if an unfair dismissal claim follows, you will be in the best possible position to win that claim.


Criminal investigations


Where the investigation involves allegations of theft, fraud or any other crime, my specialist criminal law knowledge allows me to give you full advice on how to deal with any concurrent police investigation.  


I have represented thousands of clients, accused of crime of all types, and I am very well placed to guide you through both the complexities of the police procedures, and the employer disciplinary processes.


Use my QUICK QUERY FORM for further information.