If the employee with the disciplinary or grievance issue needs to go to an investigation meeting but does not attend, the person investigating should rearrange the meeting. For example, if the employee is off with stress and is worried about coming to the workplace, they could hold the meeting somewhere else. If the employee is too sick or keeps refusing to attend, the person investigating will need to look at all other evidence and make a reasonable decision.
For example, as well as regular communication, the employer could arrange any meetings in a more private and comfortable location if this would help an employee. See more advice on supporting an employee with a mental health condition. If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number.
If you have a question about your individual circumstances, call our helpline on We cannot respond to questions sent through this form. Breadcrumbs Home Advice Dealing with problems at work Disciplinary and grievance procedures Investigations for discipline and grievance: step by step. Step 1: Deciding if there needs to be an investigation Step 2: Preparing for an investigation Step 3: Carrying out an investigation Step 4: If there are witnesses Step 5: What happens after an investigation.
Ideally, yes, you should request permission to audio record a disciplinary — especially if you as the employer would like to record the meeting. However, often employees will secretly record meetings. You can ask parties to switch off their mobile phones or any other portable devices, or to even place them on the table where they can be seen.
If you take breaks, ask all parties to remove their personal belongings from the room. This will reduce the risk of recording devices being left in the room while discussions are taking place. If you decide that you want to record the proceedings, make this clear to all parties and provide them with typed transcripts after the meeting — bear in mind that this can be time consuming though.
The best thing you can do to prevent employees making secret recordings is to promote an open, honest and supportive culture within your business. Simple things like letting staff know they can have an elected witness present in certain meetings and following up with them afterwards can help employees feel more secure and reduce their feeling that they need to protect themselves.
As an employer, you may want to record a conversation or meeting with employees in the following circumstances:. However, if you plan to record a conversation, you must always get the consent of the other people involved first. All employees should give their consent freely and not be pressured into doing so, and not receive any negative treatment for refusing to be recorded.
Get in touch on info citrushr. The content of this blog is for general information only. Be aware, though, that the law about secret recordings varies from state to state and the secret recording of phone conversations may be a breach of federal telecommunications legislation.
However, the Fair Work Commission FWC has gone further and has said in a series of decisions that secret recordings are destructive of the employment relationship and can be a valid reason for dismissal. The FWC has said it is unfair to those who are secretly recorded because they are unaware that a record of their exact words is being made. They have no opportunity to choose their words carefully, be guarded about revealing confidences or sensitive information concerning themselves or others, or to put their best foot forward in presenting an argument or a point of view.
The person recording, however, can do all of these things, and unfairly put themselves at an advantage.
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