Disciplinary Hearings

Our team can provide you with expert advice and guidance to ensure you understand the disciplinary process. We can also assist with appeals.

What is a disciplinary hearing?

A disciplinary hearing is a meeting with your employer, which could lead to disciplinary action. You may be asked to attend a disciplinary hearing due to some of the following issues:

• Conduct or behaviour whilst at work;
• Your ability to carry out your duties;
• Absence from work;
• Some other factor affecting their work

Examples of disciplinary action include:

• A formal warning,
• Suspension,
• Demotion,
• Dismissal.

Your employer shouldn’t take any action before holding a meeting with you to discuss the situation. Before holding a disciplinary meeting, an employer should conduct a full investigation into the allegations. Should the employer proceed to a disciplinary hearing, they must provide you with their reasons for inviting you to a disciplinary hearing, as well as any evidence they have against you. They must also provide you with adequate time to consider evidence in favour of your case.

 How should I prepare for my disciplinary hearing?

If your employer has not provided you with any evidence against you, you should ask them for it. You can also ask for the hearing to be postponed for you to consider your case.

As well as preparing to discuss the case, you should select someone to accompany you to your hearing. You have a right to be accompanied by a colleague, a trade union representative or an official employed by a trade union. Your employer may choose to allow you to be accompanied by someone else, depending on their disciplinary policy. The person accompanying you is known as a companion. Your companion is allowed to:

• Take notes,
• Present and sum up your case,
• Confer with you during your hearing.

Your companion is not allowed to answer questions on your behalf.

What happens after my disciplinary hearing?

After your hearing, your employer should write to you with their decision within a reasonable period. If you think the disciplinary action your employer has decided to take is unfair, you are allowed to appeal. You should write your employer to say that you are appealing, as well as a summary of your reasons for doing so.

You should be offered another meeting to discuss your appeal. An appeal hearing will be similar to your original meeting, and you will still be entitled to bring a companion. After your appeal hearing, your employer will write to you with their final decision.

Next steps

Talk to our expert solicitors and find out how we can help.