How can you tell if the disciplinary meeting is going to be fair? Part 2: the meeting.

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.

So you’re heading into the disciplinary meeting, and you want to know if this is a fair trial, or a kangaroo court.  Here are some things to look for and think about.

Who’s there?

Who’s in the meeting makes a difference.  If it’s an external person, like a consultant or a lawyer, that means they’ve spent money on the situation, and that likely makes it more serious- people don’t spend money to give out warnings.  But it also means they should pick up on any issues you identify (see here for more)

If it’s a big boss, this could means probably one of these three things; it’s a serious matter and may mean dismissal, or your boss is out of their depth, or they think an impartial person is necessary.  It depends on the personality or professionalism of the big boss, but overall, it’s more likely the process will be fair.  It may not go your way, but it’s likely to be fairer.

What’s their mood?

This is completely subjective, and very unlikely to make for evidence, but estimating their mood can help you with your strategy should you need to change (see here, here and here for what approach to take). 

To stick to some very basic psychology, these meetings are often fight or flight situations (see here for more on this), but not always, which means (again, this a very basic analysis of a complex question) the employer will either be a) ready for a fight, b) ready to back down, or c) ready listen.  To gauge their mood, look for signs of nerves or tension, and the tone of their voice. If they are hard edged, they are here to be right and not to listen.  If they are hesitant, they are keen to get back to happy and back away from the conflict.  If they are moderate in tone, they should at least listen to you.

Do they have an open mind?

This stems from the above, but it’s a little different.  There’s little to be gained talking to a closed mind, so estimating how open their mind is effects how fair the process is.  If they are talking over you, monologuing, or just generally dominating the conversation, then they’re mind is unlikely to be open (see here).  You can even call them on it, either by asking if they have any open mind or stating you don’t believe they do, and the answer will be yes they do, but it might actually prompt them to listen.  See here for how you can push back in disciplinary meetings.

Is the decision already made?

This is a bit of smoking-gun that doesn’t often happen, but it could, so keep an eye out.  The most likely way it could come up is (if you are disputing the facts or allegations), that they don’t go away to make a decision but just let you know on the spot, they’ve like already made up their mind.

Even worse if is the outcome is pre-prepared.  Typically this is where the employer has typed up a warning, and gives it right there and then.  Sometimes they ask the employee to sign it.  This is good evidence the employer has already made up their mind.