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Disciplinary Investigation

It is natural to feel daunted at the prospect of attending a disciplinary meeting. All the more if you are a senior leader in the business, for whom the stakes are higher. It may not be appropriate, or desirable, to involve others within the business, and that can make for an isolating experience.

We are experienced in acting for directors, executives and senior managers facing disciplinary investigations. We take an objective view and apply the lessons learned to your strategy. Defending your career is our goal, whether you are faced with performance or misconduct allegations. We also understand the reputational and regulatory challenges that can arise, and factor this in at every stage.

Shine Lawyers provide advice and assistance throughout the process, from an analysis of the allegations and assessment of your defence, to the broader risks and how to mitigate these, ahead of your disciplinary meeting. We help you take tactical decisions about your attendance, how to present your response, and how to deal with challenging material in the course of an investigation. If appropriate, to improve your position, we may also help you instigate processes which require the business to defend itself, change its course, or negotiate a resolution with you.

We will check that your employer is following proper procedures, and help you challenge any unfairness in the process, as well as how to take steps to protect yourself and feel more in control. If there are any unlawful motives behind the disciplinary and you are being scapegoated, we can help you progress your rights. In some cases, that may mean pausing the disciplinary, in others, it may bring it to an end, clearing your name. Even where the situation seems disastrous, we will work with you to analyse the case against you and devise the best strategy to preserve your reputation. We understand the pressures that you may be facing, in particular where others depend on you now and for the future.

We will consider the potential sanctions and how to present your position to your advantage. Where any unfair disciplinary decision is made, be that a warning, transfer, suspension, demotion or dismissal, we can help you challenge that, through an appeal or by commencing your own action to do so. We will consider not only the case against you, but also the wider circumstances, for example, how others have been treated in comparable cases, new evidence or strategic factors that may influence the outcome in your favour.

While it may be unnerving, with our robust and experienced assistance, you need not feel alone. We will guide you on what to watch out for, how to make your case effectively, and what other steps will best protect your position.

Who is the Employment Law Team?

Shine Lawyers' Employment Law team includes some of the firm’s most experienced special counsel, solicitors and support staff, including law clerks and paralegals.

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