The policies on this website are from phase 1 of the ‘Once for Scotland' Workforce Policies Programme.
Further policies will become available in later phases.

Conduct Policy : conduct hearing invite letter

Use this letter template when writing to an employee, inviting them to attend a conduct hearing.


STRICTLY PRIVATE & CONFIDENTIAL
[Recipient's name & address]

 

 


Dear <Title, Surname>,

Invite to Attend a Conduct Hearing

I have received the completed investigation report from < First name, Surname, job title > who acted as the investigation manager for this case. In my capacity as appointed Chair of the Panel for the Conduct Hearing, I am writing to invite you to attend a conduct hearing on

Date: <DD/MM/YYYY>
Time: <Time>
Location: <Location>

The purpose of this hearing will be to consider the allegation(s) made against you which are:

[The details provided here should be the same as the details provided to the employee in their original letter advising them of the allegations with further detail that has become clear during the investigation, or with any additional allegations that have been added as part of the investigation process and the employee has had an opportunity to respond to. Equally, if an allegation has been removed following the investigation, this should be clearly indicated .]

I have enclosed a copy of the investigation report and all associated appendices for your reference. <All patient identifiable information has been redacted in line with GDPR requirements for safe storage but the original documents will be available at the hearing should you wish to access them.>

At the Conduct Hearing, I will be supported by < First name Surname, Job Title of HR representative> and < First name Surname, Job Title><who will provide professional/technical/educational advice>. Whilst it is a panel considering all the information at the hearing, the decision reached will ultimately be my responsibility.

< First name Surname, Job Title> will be presenting the findings from the investigation, along with < First name Surname, Job Title of HR representative>. You will be given an opportunity to ask questions or raise concerns in relation to the report and provide further details of your position on the allegations made against you.

You are entitled to provide a written case setting out any further information you wish to present to the panel. If you wish to do so, please ensure that your information is provided to < First name Surname, Job Title> at the above address at least 7 calendar days in advance of the hearing, i.e. by <DD/MM/YYYY>, so that your information can be shared with those individuals due to attend the hearing.

At the disciplinary hearing you are entitled to be represented by a trade union representative or accompanied by a work colleague. You are entitled to call any witnesses to support your case.

I would be grateful if you could confirm your availability to attend by contacting < First name Surname >, on <telephone number or email address> along with details of who will be accompanying you, and any witnesses you wish to call at the hearing. It is your responsibility to contact any witnesses and arrange their attendance.

Potential outcomes from the hearing are: there is no case to answer, informal action is required or a formal disciplinary sanction is required. The formal disciplinary sanctions available to the panel are as follows:

  • First Written Warning
  • Final or First and Final Written Warning
  • Alternatives to Dismissal
  • Dismissal

Any sanction applied by the disciplinary panel will take into account the seriousness of the allegations against you and any mitigation that is offered.

<You should be aware that in reviewing your capability for this post, I will also consider whether this is relevant in relation to <your bank contract><your other substantive employment with the Board.>

[If this is the 2nd invite letter i.e. the 1st hearing has had to be rearranged – include the following wording]< Please note that failure to attend this hearing may result in a decision being taken in your absence>.

I would like to take this opportunity to remind you that confidential Occupational Health Service advice is available if you require support with any health issues as a result of the conduct process. Details can be found on the Board’s intranet page.

If you have any specific needs at the hearing, or if you have any questions or concerns, please do not hesitate to contact either < First name Surname of HR Support> on <Telephone number> or myself.

Yours sincerely


<First name Surname>
<Job Title >
[of Chairperson of the Conduct Hearing]

cc:
<Name> <Investigation Manager>
<Name> <HR support to Investigation Manager>
<Name> <Trade Union Representative>
<Name> <Panel members and HR support>

Enc: Investigation Report and all Appendices

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2 page [DOC]