Facing a Disciplinary Hearing?

Your rights, and how to get ready to win

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Summary

You must be told what you are accused of, and see the evidence, before the hearing.
You have a legal right to bring a colleague or trade union rep.
Preparation wins hearings: the facts, your record and the full context.
You can appeal any warning or dismissal, so keep to the deadline.

A letter inviting you to a disciplinary hearing can be really upsetting. Your job feels like it's on the line, and the process can feel stacked against you.

But you have rights at every stage, and well-prepared answers can help change the outcome. Here's how to make your employer play fair.

What is a disciplinary hearing?

A disciplinary hearing is a formal meeting where your employer decides whether you did something wrong and, if so, what to do about it. It usually follows an investigation.

It can be about your conduct, such as lateness, behaviour or breaking a rule, and sometimes about poor performance. The outcome can be no action, a written warning, a final written warning or dismissal.

Most employers should follow the Acas Code of Practice on disciplinary procedures. An employment tribunal (the court that hears work disputes) takes that into account. If your employer unreasonably ignores the Acas Code, any compensation you win can go up by as much as 25%.

Your rights before a disciplinary hearing

Before the disciplinary hearing, your employer should:

tell you in writing what you're accused of, and what could happen
give you copies of the evidence, such as witness statements, emails or CCTV notes
give you reasonable time to prepare (there's no fixed rule, but a few working days is usual)
tell you the time and place, and that you can bring someone with you.

If the invitation mentions evidence you haven't been given, such as a witness statement or CCTV, ask for a copy in writing. You can't answer a case you haven't seen.

If you've been suspended, it should normally be on full pay. Suspension isn't a punishment, and it doesn't mean you've been found guilty.

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Do I Have a Case?

Your right to bring someone with you

The law gives you the right to be accompanied at a disciplinary hearing by a colleague, a trade union rep or a trained union official.

Your companion can put your case, sum up and talk to you privately during the meeting, but they can't answer questions for you.

If your companion can't make the date, you can suggest another time within five working days, and your employer should agree if the request is reasonable.

How to prepare for a disciplinary hearing

1. Read every allegation closely. Note anything vague, wrong or obviously missing. An allegation should say what you did, and when.

2. Gather your evidence. Emails, messages, rotas, your good record, and the names of witnesses who back you up.

3. Check the rules. Read the firm’s disciplinary policy and your contract. Has your employer followed its own process? Have the rules been ignored for other people who broke them?

4. Explain the context. Stress, illness, caring duties, unclear instructions or a biased manager can all matter. If a health condition played a part, say so: it may raise questions of disability discrimination.

5. Write a short statement giving your side: your answer to each allegation, the context, and the evidence that backs you up. Take copies to hand over at the start. It keeps you on track if nerves kick in.

6. Object in writing to any unfairness in the process. So, if the person conducting the investigation is also the one who’s deciding on the outcome, or if you think you’re being unfairly singled out, say so before the hearing.

What happens at the hearing?

A manager, ideally not the one who investigated, goes through the allegations and the evidence. You will then be asked to give your side, ask questions and identify your witnesses.

Stay calm and stick to the facts. If you need a break, ask for one.

Ask for a copy of the hearing notes. If you'd like to record the meeting, ask permission first: recording in secret can damage trust.

You should get the final decision in writing, with reasons and your right to appeal.

If the outcome is unfair

Appeal in writing by the deadline your employer gives you. Set out each reason for why the decision is wrong: the evidence, the process, or a punishment that's too harsh.

If you were dismissed, you may have a claim for unfair dismissal. You currently need two years' service, falling to six months if your employment ends on or after 1st January 2027.

The deadline is tight. Since 1st October 2026, you have six months less one day to start Acas early conciliation, which is the first step towards a claim.

Accused of something serious, like theft or violence? Read our guide to gross misconduct.

How Grapple Law can help

Grapple Law is a legal AI. It helps you understand the allegations, prepare your statement and ask for the evidence you're entitled to.

If the outcome is unfair, it can help you write your appeal and, where it makes sense, negotiate an exit on fair terms.

Using Grapple Law is free to start, with a choice of legal services at a fraction of the cost of a traditional solicitor.

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Frequently asked questions about disciplinary hearings

Can you be sacked at a disciplinary hearing?

Yes, but for a first offence a warning is more usual.

Dismissal for a first offence is normally only fair for gross misconduct, meaning something very serious, such as theft, violence or serious negligence.

Can I resign before a disciplinary hearing?

You can, but you lose the chance to clear your name, and usually any claim for unfair dismissal.

It's often better to negotiate an exit, with a payment and an agreed reference, all set out in a settlement agreement.

What happens if I don't attend a disciplinary hearing?

If you have a good reason, such as illness, ask in writing for a new date. If you keep missing the date, your employer can go ahead without you.

How long does it take to get the result of a disciplinary hearing?

There's no fixed time, but your employer should decide and tell you the outcome within a reasonable timescale - typically 5 to 10 days.

If you've heard nothing after a week or so, ask in writing when you'll have the decision.