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

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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.  It does mean they should pick up on any issues you identify.

If it’s a big boss, this could mean probably one of three things; it’s a serious matter and may mean dismissal, 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 be good evidence for the future, 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), which means (often but not always) 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 listen to 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 be get back to everyone being happy.  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 when 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 their mind is unlikely to be open (see here and here for more).  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, here and 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 is if you are disputing the facts or allegations, and they don’t go away to make a decision, 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 the warning, and gives it right there-and-then.  Sometimes they ask the employee to sign it there-and-then.  This is good evidence the employer has already made up their mind.