Attending Formal Meetings at Work

General Guidance when attending a Formal Meeting

Here is some general guidance if you have been invited to attend a formal meeting.

Even if you fear the outcome is pre-determined, it is best to attend with an open mind and with the belief the purpose of the meeting is genuine and fair.

The benefit of this mindset is that your participation in the meeting will be more effective. If the meeting is held on genuine grounds, then you will be more persuasive, and your version will be understood. This increases the likelihood of the outcome going in your favor.

If the meeting is pre-determined and conducted as a box-ticking exercise, then you will be reflected much more positively in the meeting minutes/recording, which may be important at a later stage.

Some common mistakes we see are:

• Individuals avoid attending all formal meetings. If you fail to participate in the process, the Company may be able to use this against you, for example, by twisting the narrative and suggesting the issues were created/made worse by your failure to attend meetings / be cooperative.
• Individuals attend meetings and their comments focus on why they feel the process is unfair and unjust. This is a particular issue in disciplinary proceedings, where individuals fail to properly address the allegations they face. If you are being accused of something you deny, it is important your reasons as to why you are not guilty of the alleged misconduct are clearly put across. This is much more important than making a big issue of the fact you were given 2 days’ notice of the meeting rather than 3 days (for example). However, we suggest you keep a timeline of the process, to include a list of the mistakes/unfair treatment received, which may be useful later.
• Being signed off work, but not signed off to attend meetings. If you are too unwell to attend meetings, make sure this is reflected in your sick certificate. Being signed off work does not necessarily mean you are too unwell to attend a meeting. Some employers will make this distinction (they will argue they are not asking you to work, but to attend a short meeting). You can prevent this from happening by getting signed off work and meetings (only get signed off if this is genuine).
• Individuals being confused about their right to be accompanied and advance notice of meetings. This is most common with investigation meetings. Unlike a disciplinary hearing (where the result can be a disciplinary sanction) there is no legal right to be accompanied. The same goes for prior notice of the meeting. Although it is often good practice, and lots of employers do give advance notice (and afford the right to be accompanied) to investigation meetings, there is not the same onus to do this as there is with a formal disciplinary hearing, for example. We suggest you check the Company policy (and your contract) and you can of course (politely) ask that the policy/contract is adhered to (if you would prefer to be accompanied, simply asking may result in this being agreed. What not to do is refuse to attend investigation meetings because you were not given advance notice or the right to be accompanied (see the first bullet point above). It is ok to let your employer make mistakes on the “process,” of course within reason, because you may be able to use this against the employer later.
• “Lawyering up” too early. Taking legal advice to guide you through a difficult internal process is often a good idea, but this should be done “behind the scenes.” It is rarely a good idea to get lawyers involved too early or to threaten your employer with legal action too readily. You want your employer to underestimate you, make mistakes, and not lawyer up themselves. If you make clear you are taking legal advice / threaten legal action, then your employer is likely to do the same, which may result in the process they follow being harder to criticise and any negotiations being harder to progress. It also does not come across well in meeting notes / requirements if you appear confrontational / litigious.

We hope these points help you navigate any formal process you face, which are difficult and stressful at the best of times. If you adopt the points above and avoid common mistakes, the outcome is more likely to be positive for you.