What happens at a disciplinary hearing

A disciplinary hearing is a process, not a decision already made

Being invited to a disciplinary hearingA formal meeting at which your employer sets out the allegation against you and gives you the opportunity to respond before any decision is made. You have the right to be accompanied by a colleague or... is unsettling. It can feel like the outcome has already been decided and the meeting is just a formality. It has not. A hearing is where your employer has to put the allegation to you directly and hear your response before deciding anything.

Before the hearing

You must be given a formal invitation in writing. It should include:

• The specific allegation against you, not a vague description
• Copies of any evidence your employer is relying on, such as witness statements or investigation findings
• The date, time, and location of the hearing
• Confirmation of your right to be accompanied
• What the possible outcomes could be, including if dismissal is a possibility

You need enough notice to prepare properly, usually at least a few working days. If the letter does not tell you dismissal is a possible outcome and it later becomes one, that is a procedural failing you can raise.

Your right to be accompanied

You can bring a colleague or trade union representative under the Employment Relations Act 1999. They can speak for you, ask questions, and confer with you during the meeting, though they cannot answer on your behalf when you are asked something directly.

Who will be in the room

The manager chairing the hearing will be there, along with someone from HR. Often the person who carried out the investigation attends too, to present their findings rather than argue against you. The chair should not be someone who was involved in the investigation. They need to make an independent decision.

What happens during the hearing

• The chair sets out the allegation and the evidence
• You are given the chance to respond, point by point if needed
• You can call witnesses or refer to evidence of your own
• Questions go both ways, from the panel to you and from you to any witnesses present
• You get a final opportunity to say anything before the meeting closes
• The hearing is usually adjourned while the outcome is decided

Take your time answering. You can ask for a short break if you need one to gather your thoughts or confer with your companion.

The possible outcomes

Outcomes typically range from no action, through a formal warning, to dismissal in serious cases. The letter inviting you to the hearing should already have told you which of these were on the table. If dismissal was never mentioned as a possibility and it is the outcome you receive, that is worth raising on appeal.

Getting the outcome

The decision should be confirmed in writing, with the reasoning behind it and your right to appeal. It should not usually be announced on the spot. If it is, ask for written confirmation regardless.

If you disagree with the outcome

You have the right to appeal, and you should use it if you think the process was unfair or the outcome was wrong. The complete guide to facing a disciplinary at work sets out how to appeal and what your options are if you are dismissed. Read it before deciding what to do next.