Note taking in a disciplinary hearing is an important role, but who will do it?
A common concern for Line Managers when conducting disciplinary hearings. The days of an employer having a skilled secretary to take short hand in disciplinary hearings are long gone for many an employer and so the role is left to another trusted individual not directly involved in the proceedings.
Making sure you have a record of what was said in a disciplinary hearing is very desirable, as is the chair being accompanied when the employee could be. The role of note-taker is an important one and the disciplinary hearing notes produced are normally typed up (unless the hand written ones are clear and easy to read) and placed on record.
There is no requirement for notes to be agreed, in fact often that is never going to happen! Allow the notes to be read and if the employee disagrees with any point, allow them to annotate a copy and keep on file along with the original. I would recommend that your notes are shared with the employee on request. Whilst they could have taken their own notes, or had their companion do so, you have nothing to hide so why not share.
The ACAS Code of Practice on Discipline and Grievances does not specify how the notes should be taken, so here are my thoughts.
- Don’t take verbatim notes there are no need. The notes should be a summary of what was said, capturing the important points. I like to use a good quality margined note pad and to place the initials of the person making the point in the margin and the point on the lines. No need to use every line, just get the notes down. I use pen and have spares, others prefer pencil.
- Choose a note taker that is confidential and able to confidently take the notes. If employee objects to the note-taker, establish why and whether reasonable before changing the note taker. They can be the same person who took notes in an investigatory hearing and may also be present in the appeal.
- Don’t be afraid to ask the note taker if they ‘got that’. A chair can ask the note taker to check they have made a note of a phrase used, or points made by the employee or companion during the hearing. Slow down the note-taker.
- Record in the notes that the employee was offered a companion and that they declined if applicable.
- Record adjournments in the hearing, what time it occurs and what time the hearing is reconvened.
- Record the time the meeting closes.
- Sign the notes and if you wish ask the employee and their companion to sign the notes too.
- Type up them as soon as possible but keep the hand written notes on file.
If you need any assistance with any aspect of handling a disciplinary hearing, don’t hesitate to call us on 01527 909436.
Can a note taker during a hearing, add her own comments on the person being investigated
Nothing to stop a notetaker asking a question
As a companion in a disciplinary hearing, my questions have not been logged into the minutes. Do they have to be and what could be done if they aren’t?
Does the note taker have to leave the room whilst the hearing conductor makes their decision?
Hi Emily
Depends on the policy. Often the note taker and chair be present when the decision is reached.
Is the note taker allowed to ask the employee questions?
Hi Amanda, nothing to stop a note taker asking a question. They will often need to ask the employee to repeat an unclear statement or to clarify what is being said for the purposes of the notes being taken.
Can the notetaker be a colleague on the same level as me?
yes
If taking notes do the note taker need to be a higher level than the employee who is having the disciplinary ?
hi Karen, no the note taker can be whoever the Chair chooses as an appropriate person
Hi, my son has recently been dismissed from work and I’m looking through witness statements And the notes from the investigation and the whiteness for the incident was also the note taker In the said investigation. Is this right?
During an investigation should there be a note taker during witness interview
Its entirely up to the chair of the meeting to decide.
Can a manager of a store that had the incident in still do note taking & can they do it twice
Depends on the Company’s policy. Note taking is often the same person in all meetings.
Can a note taker at a disciplinary hearing be the same person who chaired the investigation?
Not ideal, but if small enough a biz may be required.
So a note taker can get involved ask questions point out that they are there to support the chairperson, actually argue points with the employee at the meeting?
Hi Adam, if the Chair wishes. Notetakers may often work with the Chair to ask questions.
If the note taker is a colleague who you work with can I request someone else
Hi Gloria, who the employer chooses to have as their notetaker is normally their decision, if you are concerned you should be able to raise it with the Chair and perhaps ask that a confidentiality agreement is used by all parties.
Can the note taker of an investigatory hearing be external i.e. not an employee of the company?
Hi Vix, thats right an external one is very common.
Hi , can the notetaker have input into a redundancy hearing and assist the chair ?
Hello… can an individual who has been identified as a note taker only then get involved in the questioning of the employee or prompting the manager to add further items to the process?
During a redundancy consultation. The companies note taker who Is also the HR manager kept interrupting me during the meeting and gave advice to the manager. I have had this added to the notes. Where do I stand on this legally.
You need to raise it through appeal.
I have just received my disciplinary bundle from my employer, and none of it has been signed by the chairman. Is this right?
It would depend on your policy. Its not unusual for this to be unsigned.
Hi. I am a HR professional who has recently taken redundancy from my former role and just wanted to check, can I attend an investigation/disciplinary meeting as note taker and support for another company if I am not employed by them? It’s my uncles business.
Thats fine Natalie. You don’t need to be one of the employee to be the notetaker/hr companion.
I have been informed that the note taker at my forthcoming disciplinary meeting is my employer’s husband. He is not an employee, colleague or co-worker so is this allowed?
In a small business this is not at all uncommon and is up to the employer to choose who their companion to take notes is.
We are a company of 4 employees and 3 directors.
The notes from a disciplinary meeting have been declined to the employee being disciplined, there excuse is gdpr and a form has to be filled in to acquire them.
No sensitive information was detailed in the notes nor any employees statements or names.
I don’t think this is correct?.
Its up to the employer what notes are shared that are taken by the chair and their note taker.
Can an employer request the original copy of your notes after the meeting? (Despite having their own official note taker, whose notes were signed off on)
Is it considered best practice to have the employee being disciplined receive a copy of the meeting notes to agree as a true representation on their hearing? And does this have to be prior to a decision on the outcome?
If we have not done this and gone straight to a decision could this cause us issues down the line should they appeal or even take things legal?
Some would say best practice. Its all depends what the company’s custom and practice is. Wouldn’t cause you an issue at tribunal in my opinion. Notes can be very contentious and some will never ‘agree’ to whats in them. In my opinion they are just ‘notes’. Its facts that matter.
How much notice are you suppose to get to attend a investigation meeting
Should you be told prior to meeting it’s an investigation
Can note taker comment during meeting
Can you be texted by ur manager to come in for a meeting then find out in meeting that’s an investigation
All depends on the Company policy.
I have been asked to be a note taker for a disciplinary meeting but also asked to be the employees companion (we are a small business). Can I do both roles?
No its one role. The employee would need to find someone else unless the chair agreed.