How can you tell if the disciplinary meeting is going to be fair? Part 1: the invite.
This is the caveat for all articles we publish. These are opinions freely given, and they aren’t going to be right in all situations (see here for our terms and conditions) so use at your own risk. For tailored advice, book an appointment to discuss.
Or, to give this another name; how to tell if they’ve made some mistakes. Alternatively, how to tell how nervous or defensive you should be.
The paperwork
Practically speaking, you can’t have a fair meeting if there’s no paperwork, specifically a letter/email/communication to come to the meeting and what it’s about. It’s theoretical possible, but for it to be fair to you, you need to walk into that meeting fully aware of what it’s about (see here for more), if it’s not written down then you either don’t fully know, or could argue you didn’t fully know (see here about pushing back). If it’s just a text message saying come to a meeting tomorrow then that’s not going to a fair meeting.
Clear problem
Walking into the meeting, you need to know what the problem is. Specifically what you did, or didn’t do, that they see is a problem, and is a breach of their rules. Unless it’s specifically a performance meeting (see here for the difference) there should be some specificity (e.g. a time, date and/or place) to when and where something went wrong. Also it should be clear about how what supposedly happened was against the rules, and what the rule. See here for a discussion on how rules work, so to keep it simple, they should be specifically laid out. They can also be common knowledge- you don’t need a rule against stealing to dismiss someone for it.
The problem that the the employer has needs to be clearly laid out in advance. If you’re walking into that room not entirely sure what you did wrong on what day, and why that’s a problem, this meeting may not be fair.
Clear potential outcomes
This is a very common problem, and somewhat of a grey area, so there is a good dose of different opinions on this one. To us, for the meeting to be fair it should be clear what the outcome could be; generally a warning, or dismissal. If you know in advance what the fullest potential penalty could be (i.e. dimissal or not), you can plan for this (see here, here and here for what approach you could take).
What sometimes happens is that employer doesn’t say what the penalty could be, meaning the employee either is worried that they may be dismissed, or doesn’t realise the magnitude of the meeting and is caught by surprise (see here for how ambushes are unfair). Alternatively the employer wants to reserve the right to dismiss, so says that may be an outcome, even if it’s really not on the table. This also escalates the situation (see here for escalation).
So if you’ve been invited to a meeting where you don’t know what penalty, you might walk out with, or where there’s a very wide range, then this may not be a fair process.
Enough information
I’ve talked about this here and a little bit here, that it’s human nature to hoard information. But this isn’t fair- you shouldn’t have to think of your feet as your boss plays an ace from their sleeve, so that they can ping you on your response. You should get all the relevant information prior to the meeting, and if you don’t, then ask for it. And ask for time to consider if you don’t get in time.
Enough time
This is a subjective question- how long is enough time? For example, you may have only been given one day’s notice, and if you don’t intend to bring someone, and the information is simple or already known to you, then one day could be fine. But if you wanted to bring someone but its too short notice, you need to say so, either before the meeting by requesting more time, or at the start of the meeting advising you needed more time.
You at least need enough time to find a support person if you want one (see here for what they do), but also you may wish to get advice, or process the information provided. If you don’t get enough time and you need more time then ask for it.
