When an employer is making a decision which might cause certain employees to lose their job (such as a disciplinary process or a change process), the employer must:
- provide those employees with access to relevant information about the decision, and
- give them an opportunity to comment on this information
What is relevant information will depend on the circumstances. It is usually the information that the employer will consider before making a decision. It is more than just telling the employee about the allegations of misconduct or the need to restructure. The employer needs to provide specific evidence.
This may include:
- interview notes
- statements about behaviour from other people
- video surveillance footage, financial information
- change proposal.
Providing full and relevant information to an employee and giving an opportunity to comment is also part of a ‘fair process’. A ‘fair process ’ is another important part of acting in ‘good faith’. Employers should have set procedures in place to make sure that this important part of ‘good faith’ is followed.
To see how it operates in practice, see our guides on how to fairly carry out: