You Have Been Invited to a Disciplinary Hearing
A disciplinary hearing is a formal meeting at which your employer considers whether you have committed misconduct or breached a workplace policy. You have legal rights before, during, and after the hearing.
Quick Answer
You have the statutory right to be accompanied by a colleague or trade union representative at any disciplinary hearing (Employment Relations Act 1999, s.10). The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out procedural requirements. If your employer fails to follow a fair procedure and dismisses you, any resulting dismissal is likely to be unfair โ and any compensation can be increased by up to 25% if the Code is not followed.
Full Explanation
The ACAS Code of Practice on Disciplinary and Grievance Procedures is a statutory code. While it does not create legal rights in itself, employment tribunals must take it into account when deciding whether an employer acted fairly and in awarding compensation. An employer who fails to follow the Code without good reason risks an uplift of up to 25% on any compensatory award.
The procedural requirements for a fair disciplinary process include: (1) a proper investigation before the hearing; (2) written notification of the alleged misconduct, giving you reasonable time to prepare; (3) disclosure of the evidence the employer relies on; (4) the hearing itself, at which you can put your case; (5) a right of appeal against any sanction imposed.
Your right to be accompanied (s.10, Employment Relations Act 1999) entitles you to bring a single companion โ either a trade union official or a fellow worker โ to any formal disciplinary or grievance hearing. The companion can address the hearing and confer with you, but cannot answer questions on your behalf. If your chosen companion cannot attend on the date set, you may request a postponement of up to five working days.
Before the hearing, you are entitled to receive copies of all the evidence the employer intends to rely on. Review this carefully and prepare a written response. Address each allegation specifically โ do not give a general denial. If there are factual errors in the employer's evidence, highlight them clearly.
Disposable outcomes of a disciplinary hearing range from no action to a formal verbal warning, written warning, final written warning, or dismissal. Only dismissal for gross misconduct can lawfully be immediate (without notice pay). Even in a gross misconduct case, you retain the right to a proper investigation and hearing. If dismissed, you have the right to a written statement of reasons and, if you have two or more years' service, the right to bring an unfair dismissal claim at the employment tribunal.
Legal Basis
- ยงACAS Code of Practice on Disciplinary and Grievance Procedures (2015)
- ยงEmployment Relations Act 1999, s.10 (right to be accompanied)
- ยงEmployment Rights Act 1996, s.98 (fairness of dismissal)
- ยงEmployment Rights Act 1996, s.92 (written reasons for dismissal)
What To Do
Request and Review the Evidence Pack
As soon as you receive the invitation, request copies of all documents, witness statements, and other evidence the employer intends to rely on. You are entitled to this before the hearing. Read it carefully and note any inaccuracies, omissions, or inconsistencies.
Choose a Companion
Decide whether to be accompanied by a trade union representative (often the best option if you are a member) or a work colleague. Contact your union rep immediately โ they are experienced in disciplinary proceedings and can be invaluable.
Prepare a Written Response
Draft a written response addressing each allegation specifically. If there are factual errors in the employer's evidence, challenge them clearly and provide your own account. Bring this to the hearing and ask for it to be included in the record.
Attend the Hearing and Present Your Case
Attend on time. Your companion can address the hearing and confer with you, but you should be ready to answer questions and present your account. Take notes of what is said. Ask for an adjournment if you need time to consider any new information raised at the hearing.
Exercise Your Right of Appeal
If a sanction is imposed and you believe it is unfair, exercise your right of appeal promptly in writing. State clearly the grounds of your appeal โ not simply that you disagree with the outcome, but why the finding or sanction was wrong or disproportionate.
Important Deadlines
Important Warnings
If you simply do not attend without explanation, the employer may proceed in your absence โ always engage with the process even if you believe it is unfair.
A companion can address the hearing but cannot answer questions on your behalf โ be prepared to answer questions yourself.
Exercising your right of appeal is important even if you intend to bring an employment tribunal claim โ failure to appeal may reduce any compensation award.