Chairing Disciplinary Meetings for Employers

Why Use an Independent Chair?

Disciplinary matters frequently involve managers who are already too close to the situation, whether as a witness, the person who raised the initial concern, or someone with a working relationship with the employee. Bringing in an independent chair:

• Separates investigation from decision making, a key requirement under the ACAS Code of Practice
• Removes the risk that a decision maker is seen as biased or predetermined
• Ensures gross misconduct and summary dismissal cases are handled to the correct legal standard
• Gives smaller businesses access to the same procedural rigour larger organisations manage with dedicated HR teams
• Reduces the likelihood that a dismissal is later found unfair on process grounds alone, even where the conduct itself was serious

Tribunals do not only look at whether an employee did something wrong. They look closely at whether the process used to reach that conclusion was fair. A flawed hearing can turn a straightforward misconduct case into a costly unfair dismissal claim.

Our Disciplinary Chairing Service

KLG Law’s employment solicitors act as independent chairs across the full range of disciplinary matters, including:

Misconduct hearings:

Covering issues such as poor attendance, breach of policy, insubordination, or conduct falling below expected standards.

Capability hearings:
Addressing underperformance or inability to meet the required standard of work, where the process and evidence expectations differ from misconduct cases.

Gross misconduct hearings:

Handling serious allegations such as theft, fraud, violence, harassment, or serious breaches of trust, where summary dismissal may be under consideration and the standard of process must be especially robust.

Pre-hearing case review:

Reviewing investigation findings, witness statements, and supporting evidence before the hearing to identify any gaps or procedural risks.

Chairing the hearing:

Running the meeting professionally, giving the employee a genuine opportunity to respond to the allegations, and reaching a decision based only on the evidence presented.

Outcome letters:

Producing a clear, legally sound outcome letter setting out the findings, the reasoning, and the sanction, including dismissal where applicable.

Appeal hearings:

Chairing the appeal stage independently from the original disciplinary decision, maintaining separation throughout the process.

Who Needs This Service?

This service suits UK employers who want a fair, well documented disciplinary process without exposing internal managers to conflicts of interest or procedural risk. It is particularly valuable for:

• Businesses without an in-house HR function experienced in complex disciplinary cases
• Employers facing gross misconduct allegations where dismissal is a likely outcome
• Organisations where the manager involved has a personal connection to the employee or the allegation
• Businesses that have started a disciplinary process internally and want independent oversight before deciding on dismissal

What’s the Cost of Getting It Wrong?

An unfair dismissal claim does not usually succeed because the misconduct did not happen. It succeeds because the process used to establish it and decide on it was flawed. Failing to follow a fair procedure, even in serious gross misconduct cases, can result in a finding of unfair dismissal, compensation awards, and reputational harm. An independent, well briefed chair is one of the most effective ways to protect the business at the point where the decision actually gets made.