Understanding Disciplinary Hearings
A disciplinary hearing is a formal meeting held by an employer to address concerns about an employee’s conduct or performance. The main purpose of a disciplinary hearing is to give both the employer and the employee an opportunity to present their case and respond to any allegations before any decisions about disciplinary action are made. This process is a key part of maintaining fairness and transparency in the workplace, helping to ensure that decisions are not made arbitrarily or without proper consideration of the facts.
Fairness is at the heart of any disciplinary process. Employers must follow clear procedures, usually set out in the company’s disciplinary policy and guided by legal standards such as the Acas Code of Practice on disciplinary and grievance procedures | Acas. This Code outlines the minimum steps employers should take, including informing the employee of the issue, providing evidence in advance, and allowing the employee to respond. Failing to follow these steps can result in claims of unfair dismissal or discrimination.
Transparency is equally important. Employees should know exactly what they are accused of, see the evidence against them, and have the opportunity to explain their side. This not only protects the rights of employees but also helps employers make well-informed decisions. For those seeking a broader understanding of how disciplinary hearings fit within workplace procedures, our main page on Disciplinary Hearings provides further context.
Understanding the basics of disciplinary hearings is crucial, but it’s also helpful to explore how these hearings fit into the wider framework of workplace rules. For a detailed look at the legal requirements and practical steps involved, see our guide to the Employee Disciplinary Procedure, which covers the laws that may affect your situation and offers practical advice for both employers and employees.
What Happens When New Evidence Comes to Light?
When new evidence emerges during or after a disciplinary hearing, it can have a significant impact on the outcome of the case. New evidence refers to any information that was not available or disclosed at the time of the original hearing. This could include documents, emails, witness statements, CCTV footage, or other relevant records that shed new light on the events under investigation.
Examples of new evidence include:
- An employee providing a previously unseen email that supports their account of events.
- A colleague coming forward with a statement after the hearing, offering new insight into the incident.
- Discovery of workplace CCTV footage that was not reviewed before the hearing.
- Medical records or expert reports that clarify an employee’s health or capacity at the time of the alleged misconduct.
New evidence matters in disciplinary proceedings because it can directly affect the fairness and accuracy of the outcome. Under the ACAS Code of Practice on Disciplinary and Grievance Procedures, employers are expected to ensure that investigations and hearings are thorough and that employees have the opportunity to respond to all evidence presented against them. If important information comes to light after a hearing, employers should carefully consider whether it could change the decision and whether it is necessary to reconvene the hearing or start a new investigation.
Failing to take new evidence into account – or not giving the employee a chance to respond to it – can lead to claims of unfair dismissal or procedural unfairness. This is particularly important if the new information is substantial enough to challenge the original findings or disciplinary outcome.
If you want to understand more about how evidence is managed and disclosed in workplace investigations, including why disclosure is so crucial for fairness, see our section on Why is Evidence Disclosure Important?
How Employers Should Handle New Evidence
When new evidence arises during a disciplinary hearing, employers have a legal and ethical responsibility to handle it with care to ensure the process remains fair for all parties involved. The way this evidence is managed can significantly affect the outcome and the overall fairness of the hearing.
Pausing the Hearing to Review New Evidence
If new evidence is presented – whether by the employee, a witness, or discovered by the employer – it is best practice to pause the hearing. This pause allows both the employer and the employee adequate time to review and consider the new information. Rushing ahead without proper consideration can lead to claims of unfairness or even legal challenge, especially under the principles set out in the ACAS Code of Practice.
Deciding Whether to Reopen or Reschedule
Depending on the nature and significance of the new evidence, employers must decide whether to reopen the current hearing or schedule a new one. If the evidence is minor and can be addressed quickly, a short adjournment may suffice. However, if the evidence is substantial – such as new documents or allegations – a new hearing date may be necessary to allow all parties time to prepare. This approach aligns with the guidance provided by Step 4: The hearing – Disciplinary procedure – Acas, which emphasises the importance of giving everyone a fair opportunity to consider and respond to new information.
Ensuring the Employee’s Right to Respond
A cornerstone of a fair disciplinary process is the employee’s right to respond to any evidence against them. If new evidence is introduced, the employee must be given a clear explanation of what it is, why it is relevant, and sufficient time to respond, either in writing or verbally during the hearing. Failure to provide this opportunity can result in the disciplinary outcome being deemed unfair if challenged at an employment tribunal.
Transparency and Communication
Throughout the process, transparency is key. Employers should clearly communicate the reasons for any pauses or rescheduling, outline what the new evidence is, and explain how it will be considered. Keeping a written record of all communications and decisions helps demonstrate that the process has been fair and reasonable. For a broader understanding of the procedures and standards expected in disciplinary situations, see our section on Disciplinary Hearings.
By following these steps, employers not only comply with legal requirements but also foster trust and integrity in their workplace processes, reducing the risk of disputes and claims of unfair treatment.
Pausing or Reopening the Hearing
Pausing or Reopening the Hearing
New evidence can sometimes come to light during a disciplinary process, raising important questions about how hearings should proceed. Employers have a duty to ensure that disciplinary hearings are fair, thorough, and allow all parties an opportunity to respond to any information being considered.
When Is It Appropriate to Pause the Hearing?
If new evidence emerges before or during a disciplinary hearing, it may be necessary to pause proceedings. This pause allows both the employer and the employee time to review and respond to the new material. According to the Acas Code of Practice on Disciplinary and Grievance Procedures, employers should always act reasonably and ensure the employee has a fair chance to present their side. Pausing the hearing is especially appropriate if:
- The new evidence could significantly affect the outcome of the case.
- The employee has not seen the evidence previously and needs time to prepare a response.
- The evidence raises new issues or allegations not previously discussed.
For example, if an employer discovers a relevant email thread or receives a new witness statement, the hearing should be paused so the employee can review this material and seek advice if needed.
Procedures for Reopening a Hearing Based on New Evidence
In some situations, new evidence may come to light after a hearing has concluded but before a final decision is made. In this case, the employer should consider reopening the hearing. This ensures that all relevant facts are considered and that the process remains fair and transparent.
The typical steps for reopening a disciplinary hearing include:
- Informing the Employee: Notify the employee in writing about the new evidence and the intention to reopen the hearing.
- Providing the Evidence: Share all new materials with the employee, allowing reasonable time for them to review and prepare a response.
- Reconvening the Hearing: Resume the hearing, focusing on the new evidence and giving the employee an opportunity to comment or present further information.
- Making a Decision: Only after all evidence – old and new – has been considered should a final decision be reached.
Employers must keep a clear record of why the hearing was paused or reopened and ensure that the process is consistent with their own disciplinary policies and the principles set out in the Acas Code.
For further guidance on what to expect in disciplinary meetings and how to prepare, you may find it helpful to review information on Preparing for Disciplinary Hearings and Meetings. This can provide additional context on your rights and the steps employers should follow to ensure a fair process.
Holding a New Disciplinary Hearing
Holding a New Disciplinary Hearing
In some cases, the emergence of new evidence during a disciplinary process means that simply reopening the original hearing is not enough. Instead, an employer may need to hold a completely new disciplinary hearing to ensure the process remains fair and transparent for everyone involved.
When Is a New Hearing Necessary?
A new disciplinary hearing is typically required when the new evidence is so significant that it could fundamentally change the outcome of the case. Examples include:
- Substantial New Facts: If evidence comes to light that was not available during the initial investigation – such as CCTV footage, credible witness statements, or documents – that directly impacts the allegations, a new hearing may be justified.
- Procedural Errors: If the first hearing was compromised by procedural errors (for example, the employee was not given the opportunity to see or respond to key evidence), starting afresh can help correct these issues.
- Potential for Unfairness: If the new evidence suggests that the previous hearing was not conducted fairly, or that the employee did not have a chance to present their side, a new hearing helps uphold the ACAS Code of Practice on Disciplinary and Grievance Procedures, which stresses the importance of fairness and the right to respond.
How Does a New Hearing Differ from Reopening the Old One?
Reopening an old hearing usually means revisiting the previous decision and considering the new evidence in the context of what has already been discussed. This might involve reconvening the original panel and reviewing the additional information alongside the existing record.
A new disciplinary hearing, on the other hand, is a fresh start. The process begins again, with all evidence – old and new – being considered together. This approach ensures that the employee has a full opportunity to respond to every piece of evidence from the outset. It also allows the employer to demonstrate that the process is thorough and fair, reducing the risk of legal challenge.
Practical Advice for Employers
If you are considering holding a new disciplinary hearing, it is important to:
- Inform the employee in writing of the decision to start a new hearing and the reasons why.
- Provide all relevant evidence, including the new material, in advance of the hearing.
- Allow the employee sufficient time to prepare and the right to be accompanied.
- Ensure the panel is impartial and, if possible, includes members who were not involved in the original hearing.
For a full overview of the legal requirements and best practices for workplace disciplinary proceedings, see our guide to Disciplinary Hearings. This will help you understand the broader context and ensure you follow the correct procedures at every stage.
Employee Rights Regarding New Evidence
When new evidence is introduced during a disciplinary hearing at work, employees in the UK have specific rights designed to ensure a fair process. Understanding these rights is essential for anyone involved in workplace disciplinary proceedings.
Right to Be Informed About New Evidence
Employers are legally required to inform employees of any new evidence that may be used in a disciplinary hearing. This is a fundamental aspect of procedural fairness. According to the Employment Rights Act 1996, employees must be given clear notice of the case against them, including any documents, witness statements, or other materials that may affect the outcome. Failure to disclose new evidence can undermine the fairness of the process and may be grounds for appeal or further action.
Opportunity to Respond or Challenge the Evidence
Employees must be given a reasonable opportunity to review and respond to any new evidence. This means you have the right to:
- Receive copies of all new documents or statements before the hearing resumes.
- Ask questions about the evidence or seek clarification from your employer.
- Challenge the validity or relevance of the new evidence, including presenting your own evidence or calling witnesses if appropriate.
This right to respond is reflected in the ACAS Code of Practice, which guides fair disciplinary and grievance procedures in the UK. For further context on your rights during these proceedings, see Your Rights During a Disciplinary Meeting.
Access to Support or Representation
During a disciplinary hearing, especially when new evidence arises, you have the right to be accompanied by a colleague or trade union representative. This support can help you understand the implications of the new evidence, formulate a response, and ensure your voice is heard during the process. Your representative can also help challenge the evidence or raise concerns about the fairness of the hearing.
If you have concerns about how new evidence was handled or believe your rights were not respected, you may have further options after the hearing. To learn more about what happens next and your post-hearing rights, visit our guide on the Timeline and Rights After Disciplinary Hearing.
By being aware of these rights and knowing how to exercise them, you can help ensure that any disciplinary process involving new evidence is conducted fairly and transparently.
Potential Outcomes After Considering New Evidence
When new evidence emerges during a disciplinary hearing, it can significantly affect the outcome of the process. Employers are legally required to consider any new information fairly, in line with the ACAS Code of Practice and principles of natural justice. Here’s what can happen after new evidence is reviewed:
Possible Changes in the Disciplinary Decision
The introduction of new evidence may prompt the employer to revisit their initial findings. For example, if the new information casts doubt on the allegations or provides a reasonable explanation for the employee’s conduct, the employer might decide to reduce or even withdraw the disciplinary action. Conversely, if the evidence strengthens the case against the employee, the outcome could become more serious.
Employers should pause the hearing if necessary, allowing both sides time to review and respond to the new evidence. This ensures the process remains fair and transparent. For an overview of how hearings should be conducted and the legal standards that apply, see our section on Disciplinary Hearings.
Impact on Sanctions: Warnings and Dismissal
Depending on the nature of the new evidence, the range of possible sanctions can change. Outcomes may include:
- No further action: If the evidence undermines the case, the matter may be dropped.
- Written or final warning: New evidence might lead to a lesser sanction than originally proposed.
- Dismissal: If the new evidence is particularly serious, dismissal may become a possibility – even if it wasn’t initially considered. For more details on whether you can be dismissed during a disciplinary hearing, read our guide: Can You Be Fired at a Disciplinary Hearing?
Employers must always act reasonably, following a fair procedure. Failing to do so can lead to claims of unfair dismissal or procedural unfairness at an employment tribunal.
Next Steps: Appeals and Employee Rights
If you disagree with the outcome after new evidence is considered, you have the right to appeal. The ACAS Code of Practice recommends that employers provide clear information about how to appeal and handle appeals impartially. For practical steps and official guidance on appealing a disciplinary decision, see What an appeal is – Appealing a disciplinary or grievance – Acas.
By ensuring all new evidence is properly reviewed and both parties have a fair opportunity to respond, employers help protect the integrity of the disciplinary process and reduce legal risks for all involved.
Additional Support and Next Steps
If you believe new evidence was not handled fairly during your disciplinary hearing, you have several options to seek support and challenge the process. UK employment law and guidance from the Advisory, Conciliation and Arbitration Service (Acas) stress the importance of a fair procedure, including giving employees the chance to see and respond to any new evidence before decisions are made.
Raising Concerns and Seeking Resolution
If you feel that your employer did not follow a fair process – such as failing to share new evidence with you or not giving you enough time to respond – it’s often helpful to start by discussing your concerns informally. Many workplace issues can be resolved through open conversation or mediation, which can help both parties reach a mutual understanding without escalating the situation. Learn more about how informal resolution for employment disputes can work in practice.
Formal Grievance Procedures
If informal steps do not resolve your concerns, you have the right to raise a formal grievance. This is a structured way to set out your complaint and request a formal review of how your case was handled. The Acas Code of Practice outlines the steps involved, including submitting your grievance in writing and attending a meeting to discuss your concerns. For detailed guidance, see Step 1: Understanding the options – Formal grievance procedure – Acas.
What to Do After Disciplinary Action
If disciplinary action has already been taken against you, such as a warning or dismissal, you may have the right to appeal the decision. Your employer should inform you of the appeals process, which is usually outlined in your staff handbook or disciplinary policy. If you remain dissatisfied after an appeal, you may wish to consider further action, such as making a claim to an employment tribunal. For more information on your rights and possible next steps, visit our page on Next Steps After Discipline.
Understanding Your Legal Rights
Employers must follow fair procedures under the Employment Rights Act 1996 and the Acas Code of Practice on disciplinary and grievance procedures. If you believe your employer has breached these standards, you may have grounds to take further action. For an in-depth look at your options and the laws that may apply, see the section on Options for Further Action in our related guidance.
Taking action can feel daunting, but understanding your rights and the support available can help you make informed decisions about how to proceed. If you’re unsure, consider seeking advice from a trade union representative, Citizens Advice, or an employment law specialist.
