How to run a disciplinary hearing

Write to the employee inviting them to a disciplinary hearing. The letter must include: the date, time and location of the hearing; a clear statement of the allegations they will face; copies of all the evidence that will be relied upon; a statement of their right to be accompanied; and information about what outcomes are possible (including dismissal if that is a realistic outcome).

Give the employee reasonable time to prepare their response — at minimum 24–48 hours for less serious matters, and longer for complex cases or where dismissal is being considered. If the employee or their companion cannot attend on the proposed date, they must propose an alternative date within 5 working days. You must accommodate one reasonable rescheduling request.

The employee has a statutory right to be accompanied at a disciplinary hearing by a work colleague or a trade union representative. The companion may: address the hearing, ask questions on the employee's behalf, and confer with the employee. The companion may not answer questions on the employee's behalf or prevent the employer from putting questions. Denying the right to be accompanied renders any subsequent disciplinary decision automatically unfair.

Begin by introducing everyone present and explaining their role. State clearly what the hearing is about and what the allegations are. Explain the format of the hearing: you will set out the case, the employee will have a full opportunity to respond, questions will be asked, and then you will adjourn to consider the decision. Confirm that a written record is being taken.

Go through the evidence systematically. Present each piece of evidence and explain its relevance. Refer to witness statements where applicable. Give the employee the opportunity to comment on each piece of evidence as you go through it.

Give the employee (or their companion) a full and uninterrupted opportunity to respond to the allegations and to the evidence. Ask open questions to draw out their explanation. Do not interrupt or challenge their account at this stage — note it down. If they raise new information or call new witnesses, adjourn to investigate before proceeding.

Once the employee has had their opportunity to respond, ask any clarifying questions needed to test their account or clarify any inconsistencies. Keep questions factual and open. Do not be confrontational. If the employee raises a mitigating factor (e.g. personal difficulties, health problems), explore it fully — it will be relevant to the sanction decision.

Do not make a decision in the room. Always adjourn — even briefly — to consider the evidence and the employee's response before deciding on the outcome. In complex cases, adjourn to a separate day. During the adjournment consider: whether the misconduct occurred on the balance of probabilities; the severity; any mitigation; the employee's disciplinary record; and what is a proportionate and consistent response.

Reconvene the hearing and communicate the decision verbally. Then follow up in writing within a reasonable time (usually the same day or within 24 hours). The written outcome letter must confirm: the decision; the reasons for it; any warning issued and how long it will remain live; what improvement is required; the consequences of further misconduct; and the right of appeal.