Wherever possible, the disciplinary hearing should be conducted by an independent manager who was not involved in the disciplinary process. For some pharmacies that will not always be possible and in those circumstances it is particularly important to ensure that you do not make a decision as to whether the employee has committed the act(s) of misconduct until the conclusion of the disciplinary hearing. Regardless of whether it is a matter of misconduct or gross misconduct, you should ensure that the employee is sent a letter inviting them to the disciplinary hearing that confirms:

• The allegation(s) against them
• That they have the right to be accompanied by a work colleague or trade union representative
• What the potential outcome of the disciplinary hearing may be. In cases of misconduct, the outcome is likely to be a warning or dismissal with notice or payment in lieu of notice (if the employee is already on a live final written warning). In cases of gross misconduct, the outcome may be summary dismissal, which is dismissal without notice or a payment in lieu of notice.

Any evidence collated during the investigation should be sent to the employee with a copy of the invitation letter and they should be given reasonable notice of the disciplinary hearing. While there is no set minimum amount of notice, it is recommend that the employee has at least 24 hours’ notice in order to properly prepare.

It is best practice to prepare thoroughly for the disciplinary hearing. Read through the investigation documents, remind yourself of the disciplinary policy and ensure that the employee has been given sufficient notice of the disciplinary hearing and provided with the relevant documents in advance.