What Are 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 the employee a fair opportunity to respond to any allegations before any decisions are made about disciplinary action. Employers are expected to follow fair procedures, often guided by the Acas Code of Practice, to ensure the process is consistent and transparent.
Employers typically hold disciplinary hearings when there are serious concerns that could lead to formal warnings, suspension, or even dismissal. These hearings usually follow earlier informal discussions or meetings, and are part of a structured process designed to resolve issues fairly.
It’s important to distinguish between a disciplinary meeting and a disciplinary hearing. While the terms are sometimes used interchangeably, a disciplinary meeting can refer to any discussion about conduct or performance, including informal chats. A disciplinary hearing, on the other hand, is a more formal stage in the Employee Disciplinary Procedure, where evidence is considered and the employee has the right to state their case.
For a full understanding of how disciplinary hearings fit into the overall process, you can read the official guidance on Employee Disciplinary Procedure. If you want to explore what steps you can take before and after a hearing, learn about related legal issues that may affect your rights and next steps.
How Disciplinary Hearings Are Conducted
A fair disciplinary hearing is essential for both employers and employees. To ensure fairness, employers should follow a clear set of steps, guided by the ACAS Code of Practice on Disciplinary and Grievance Procedures. This Code sets out the minimum standards that should be followed during any disciplinary process in the UK workplace.
Notification and Preparation
Before the hearing, the employer must inform the employee in writing about the allegations, the evidence supporting them, and the possible consequences. The employee should be given enough time to prepare, including access to any documents or witness statements that will be discussed.
Role of the Person Conducting the Hearing
The person leading the hearing should be impartial and not involved in the incident under review. Their role is to consider the facts, listen to both sides, and ensure the process is fair and unbiased.
Employee’s Right to Be Accompanied
Employees have the right to be accompanied at the hearing by a colleague or a trade union representative. This support can help ensure their views are clearly heard and that the process is transparent.
Clear Communication
Throughout the hearing, it is important that both parties communicate openly. The employee should have the opportunity to respond to the allegations, present evidence, and ask questions. The employer should explain the process, outline the next steps, and answer any queries.
For more guidance on what to expect and how to prepare, explore our related legal advice topics. Following the correct procedure not only ensures compliance with the law but also helps maintain trust and fairness in the workplace.
Employee’s Right to Be Accompanied
During a disciplinary hearing, employees in the UK have a legal right to be accompanied by someone of their choosing. According to the Employment Relations Act 1999, this companion can be a fellow worker, a trade union representative, or an official employed by a trade union. The right to be accompanied applies to hearings where a disciplinary outcome could result in a formal warning or other action.
To exercise this right, employees should inform their employer in advance about who they wish to bring with them. This helps ensure the process runs smoothly and gives the employer time to make any necessary arrangements. For more details on how to request accompaniment and your legal entitlements, see the Guidance on Employee Rights During Disciplinary Hearings.
Having someone with you at a disciplinary hearing can provide valuable support. A companion can help by taking notes, offering advice, and speaking on your behalf if needed. This can make the process less stressful and help ensure your views are clearly presented.
If you want to understand more about the laws and protections relating to accompaniment at disciplinary meetings, learn about related laws that may affect your rights.
Possible Outcomes of a Disciplinary Hearing
After a disciplinary hearing, the outcome can vary depending on the circumstances and the seriousness of the issue. Possible outcomes include no action, a verbal or written warning, suspension, demotion, or, in the most serious cases, dismissal.
A written warning is a formal notice that your conduct or performance needs to improve. It usually lasts for a set period – often six or twelve months – after which it may be removed from your record if there are no further issues. Suspension or demotion might be used as alternatives to dismissal, especially if it’s a first offence or there are mitigating circumstances.
Dismissal is the most serious outcome and should only occur if the employer has followed a fair process, in line with the ACAS Code of Practice. If you want to know more about when dismissal is possible and what the process involves, see our detailed guide: Can You Be Fired at a Disciplinary Hearing?
For more on what happens after a disciplinary decision, including your right to appeal, explore our Related legal advice topics.
Introducing New Evidence During a Disciplinary Hearing
During a disciplinary hearing, it is possible for new evidence to be introduced by either the employer or the employee. This might include documents, witness statements, or other information that was not previously shared. The introduction of new evidence can influence the direction of the hearing and may affect the final outcome.
If you are an employee and new evidence arises, it’s important to raise it as soon as possible. You have the right to review and respond to any evidence presented against you, and the employer should allow reasonable time for you to consider any new information. This approach follows the principles of fairness set out in the ACAS Code of Practice on Disciplinary and Grievance Procedures.
To understand in detail how new evidence can impact the disciplinary process, your rights, and what steps you should take, see Can New Evidence Alter Disciplinary Hearings?.
If you want to broaden your understanding of your rights and how to prepare for disciplinary meetings, you can also learn about related laws.
What Happens After a Disciplinary Hearing?
After a disciplinary hearing, your employer must inform you of their decision in writing, usually within a reasonable timeframe – often a few days after the hearing. This written outcome should clearly state any action being taken, such as a warning or dismissal, and explain the reasons behind the decision. You have the right to ask questions or request clarification if any part of the decision is unclear.
It’s important for both employees and employers to keep detailed records of the hearing and its outcome, as these documents may be needed if the decision is challenged or if further action is taken.
To understand what happens next, including how long the process might take and your rights to appeal or respond, visit our Timeline and Rights After Disciplinary Hearing page for step-by-step guidance. You can also explore related legal advice topics for a broader understanding of your rights and responsibilities in the workplace.
Appealing Against Disciplinary Action
If you disagree with the outcome of a disciplinary hearing, you have the right to appeal the decision. Most UK employers have a formal appeal process, which is often outlined in your staff handbook or disciplinary policy. It’s important to follow your employer’s appeal procedure carefully, as this ensures your concerns are heard and your rights are protected.
Typically, you must submit your appeal in writing within a set timeframe – often within five working days of receiving the disciplinary decision. Your appeal should clearly state the reasons why you believe the outcome was unfair or incorrect. Once your appeal is received, your employer will usually arrange an appeal hearing, which is similar to the original disciplinary meeting. You are entitled to be accompanied by a colleague or trade union representative.
For more detailed guidance on the process, including what to expect at an appeal hearing, see How to Appeal Against a Disciplinary Decision. You can also read about your legal rights under the Employment Rights Act 1996, which sets out protections for employees facing disciplinary action.
If your disciplinary action has resulted in dismissal, you may want to Learn about related laws covering dismissal appeals. For a step-by-step overview, visit our page on Appealing Against Disciplinary Action.
Related Topics and Further Support
Understanding disciplinary hearings often means exploring related workplace processes and knowing where to find further support. If you want to know more about how disciplinary hearings fit into the wider context of workplace procedures, our guide on Disciplinary Meetings explains what to expect and how these meetings are conducted under UK employment law. After a decision has been made, you may also want to read about Next Steps After Discipline to understand your options and any potential appeals process.
Workplace disputes and concerns can arise before, during, or after a disciplinary hearing. If you need guidance on how to address these situations, see What Action Should You Take in Workplace Disputes? and How to Raise Concerns at Work. These resources provide practical advice on resolving issues and making your voice heard.
It’s also important to have access to your employment contract, as it outlines your rights and obligations. If you’re unsure how to obtain this document, visit UK Workers: How to Request Your Employment Contract. For managers looking to resolve conflicts before they escalate, our Manager Mediation Tips offer useful strategies for early intervention.
If you’re preparing for a hearing or want to understand your rights in more depth, you can Learn about related legal issues to ensure you’re fully informed. If you’re ever uncertain about any part of the disciplinary process or your rights, consider seeking advice from a legal professional or your workplace representative.
