Disciplinary Hearings
If you receive a letter from your employer asking you to attend a disciplinary hearing, it’s completely normal to feel anxious or upset about it. However, it’s important to remember your rights and options in these situations to be able to handle it in your best interests.
What is a disciplinary hearing?
A disciplinary hearing at work is a serious meeting with your boss to talk about issues or concerns related to your behaviour or job performance. Disciplinary hearings should be carried out as part of a wider disciplinary procedure and could lead to disciplinary action like:
A first or final warning;
Being suspended without pay;
Getting moved to a lower job position (demotion);
Dismissal.
In some cases, an employer might decide no further action is necessary following a disciplinary hearing.
Why might you be asked to go to a disciplinary hearing?
If you’ve been asked to a disciplinary meeting, it’s probably because your employer has some concerns about:
Your behaviour (something you did or didn’t do);
Your performance at work;
Your attendance at work;
Other work-related reasons.
If you’ve received a letter about the hearing, it should tell you why they want the meeting.
You also have the right to see any evidence they have collected relating to the matter and give you an appropriate amount of time to look at it and gather your evidence and/or witnesses.
What are my rights at a disciplinary hearing?
When it comes to disciplinary hearings, you have the right to speak up, present your side, and even bring someone along (like a union rep or colleague) for support and advice.
While it’s easy to feel overwhelmed and out of control when you receive an invitation to a disciplinary hearing, remember: your employer can’t make up their mind about your guilt or decide on a penalty before the meeting.
You are entitled to a fair hearing which presumes your innocence until you're proven guilty. Therefore, don't be intimidated into thinking your employer has all the power.
When should disciplinary hearings happen?
Before arranging a disciplinary hearing, employers should try to resolve the problem informally first, sometimes with the involvement of other team members. Employers should listen to everyone’s side and agree on how to make things better.
If, following this informal approach, the issue isn’t resolved, a disciplinary procedure may be started. Employers must follow the Acas Code of Practice on disciplinary and grievance procedures as a minimum to ensure the process is fair for all workers.
The employer must also carry out a full investigation to fully understand the problem, whether it’s related to misconduct or poor performance (capability), and you should be informed as soon as an investigation starts.
If the investigation finds there is a case to answer, the next step is a disciplinary hearing, where all the evidence is heard before a decision is made.
If a hearing is on the horizon, your employer must tell you why and give you enough notice of when and where it’s happening.
Who attends a disciplinary hearing?
Who attends a disciplinary hearing depends on how big your workplace is. Generally, you would expect the following people to attend:
How should you prepare for a disciplinary meeting?
Your employer should give you a reasonable amount of time to prepare for a disciplinary meeting.
During this time, you should take time to fully understand the case against you and the evidence being presented.
When you have done this, you should prepare your evidence and jot down the key point you might want to bring up in your defence.
Can you take someone with you to a disciplinary hearing?
Employees have the right to be accompanied in a disciplinary hearing. This means you can bring along a companion for support. This companion could be a:
Colleague;
Union rep;
Union official.
Employers should also make reasonable adjustments for individuals with specific needs due to disability. This might mean bringing in a support worker or someone who knows about the disability.
Employers don’t have to allow companions outside of these categories, like a professional support body, partner, or legal representative (like a solicitor), depending on the employment contract.
If you can’t find anyone to attend a disciplinary hearing with you, don’t worry. You have the right to take your time and make any notes that you need throughout the meeting.
How to request a companion for a disciplinary hearing
If you would like someone to come with you to your disciplinary hearing, first tell your employer who your companion is.
You should do this in good time, so your companion has time to prepare and your employer can make necessary arrangements for you to be accompanied.
As we’ve mentioned, unless stated in your employment contract, you might not be able to bring a solicitor, friend, or partner to the meeting. However, it is worth asking if you are unable to find a suitable colleague, union rep, or official to support you.
What happens during a disciplinary hearing?
Even though it’s not a courtroom, a disciplinary hearing should kick off with the idea that you are innocent until proven otherwise
Firstly, your employer will usually outline the problem or issue. Then, they’ll walk through all the evidence they’ve collected on the matter. They may also call witnesses if needed.
You will also get your chance to speak up and share your side of the story. You can present evidence, bring in witnesses, and ask questions. If you admit that you made a mistake, you can explain why - for example, maybe you didn’t fully understand the company rules or were under serious pressure to meet tight deadlines.
Companions can speak on your behalf, ask questions, summarise what’s happening, take notes, and talk privately with you during the hearing. In some cases, it might be appropriate for the companion to answer questions on your behalf, however, they don’t have to and this arrangement should be agreed upon before the hearing.
After the hearing, the employer will likely take some time to think things over, but they should let you know what comes next and when you can expect an answer.
They should also provide a written, confidential record of what happened during the hearing.
What happens if you can’t attend a disciplinary hearing?
You should try your best to be at the disciplinary hearing.
However, if you or your companion can’t make the proposed date and time due to something out of your control, you can ask your employer to reschedule to another date within five working days.
If you are unable to attend because the proposed meeting location is too far away, you can suggest moving it to a closer place. Similarly, if you are worried about coming into the workplace for the meeting, you can suggest it be held elsewhere.
If you’re off work sick for the hearing, your employer should postpone the disciplinary hearing until you’re back. For long-term absence or other reasons for non-attendance, your employer might take different actions depending on their policies and approach.
What happens if you don’t attend a disciplinary hearing?
If you don’t attend a disciplinary hearing without a good reason, it might go on without you and you won’t get a chance to state your case.
How long will you have to wait for a decision after a disciplinary hearing?
Usually, an employer won’t make a decision straight away, unless it’s a simple misunderstanding and your explanation is accepted.
However, if there’s a chance of a penalty, like dismissal, your employer should take some time to think before letting you know.
When your employer makes their final decision, they should:
Explain what you did wrong and what might happen if it continues (if it was about your behaviour at work);
Outline what changes they want to see and when (if it was about how well you do your job);
Specify the penalty and how long it will last (if applicable).
Can I appeal against the decision of a disciplinary hearing?
You have the right to disagree and appeal if you feel that disciplinary action taken after a hearing isn’t fair, right, or appropriate.
When you receive the decision letter, your employer should also include a deadline for appealing against the decision and how you can appeal.
If your letter doesn’t mention how to appeal, first check your workplace policy, which might have the details. If there’s no policy or mention of appeals in the policy, you should write a letter as soon as possible telling them that you’re appealing against the decision and why.
When you appeal, you can bring in new evidence and reasons why the disciplinary action isn’t right. You can raise questions around:
How your employer took action against you (i.e. did they follow the company rules or the Acas Code of Practice?);
Whether the process was fair (i.e. did they tell you about your right to bring a companion or give you all the information you needed before the meeting?);
The evidence used against you (i.e. if your employer believed something without strong proof);
The final decision (i.e. the punishment seems disproportionate to the problem).
If you’re dismissed, and it feels unfair or your employer didn’t follow a fair process, you might have a strong case for unfair dismissal at the Employment Tribunal.
There are some conditions for this though, like having two years’ service and making the claim within three months (minus one day) from the end of your job.
What happens after you appeal
Following your appeal, you should have another meeting with your employer to talk about it.
In many ways, this is like a rerun of the original, however, it would be better if the person in charge hadn't dealt with your first case.
You still have the right to bring a companion to an appeal hearing, too.
Following the appeal hearing, you will receive a letter from your employer with the final decision.
Can Lawhive help with my disciplinary hearing?
At Lawhive, our employment solicitors have extensive experience in helping clients with employment issues such as employment tribunal representation for unfair dismissal or being unfairly subjected to disciplinary action.
Should you need help in this area, tell us about your case for a free case assessment from our expert team. We can help you understand your next steps, and how long it will take, and provide a fixed fee quote from our network of the UK’s best solicitors. Get in touch with us today to find out more.