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When can you change disciplinary allegations against your employee?

by , 19 August 2013
You already know you need to draft and describe disciplinary allegations properly to avoid unfair dismissal claims. But what happens if realise you've made a mistake in how you've described the allegation? And to make matters worse, you realise this when the hearing has already started. Are you allowed to amend these allegations? Read on to find out so you can comply with the labour law.

When your employee does something wrong and you need to hold a disciplinary hearing, you must decide what the allegations against him will be, warns FSPBusiness.

But it's human nature to make mistakes. That's why the big question is: Are you allowed to amend disciplinary allegations if you realise you worded them incorrectly?

The short answer is 'yes'.

You can amend disciplinary allegations against your employee in these circumstances:

According to the Labour Law for Managers Loose Leaf Service, it can emerge during a disciplinary hearing that the allegations don't sufficiently describe what your employee did wrong. Or that there are differences between the evidence that's being presented and the allegations you've drafted in the notification sheet.

If this happens, you can amend the allegations before the Chairperson makes his decision.

But, before you make the change, think about whether changes to the allegations will make a difference to the allegations. And if it could have affected your employee's preparation for the hearing.

If this is the case, you must postpone the hearing to allow your employee to prepare his defence to the amended allegations.

It's better to postpone and be temporarily inconvenienced than to risk the whole disciplinary process being found procedurally unfair.

Keep in mind that if the Chairperson finds the description of the allegations inappropriate right from the beginning, he may address the issue with and, if necessary, suggest you change the description of the allegations.

It's important to note that if the Chairperson intervenes under these circumstances, it doesn't mean he's biased. He just wants to ensure the allegations are described correctly. This is crucial as it helps enhances the fairness of the process for all parties involved.

Well there you have it. Confirmation that you can change disciplinary allegations against your employee if you realise you worded them incorrectly.

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