How do I prepare for a disciplinary hearing?
At a disciplinary hearing, you could be dismissed, demoted, suspended without pay, or given a formal warning. It’s a serious matter. This article outlines how you should prepare…
Your employer might invite you to a disciplinary hearing if:
- You’ve been accused of misbehaviour at work
- They consider that you’re unable to perform your duties
- You’ve been off work for a long time without good reason
- Something you did or didn’t do is negatively affecting your work
- There’s been a complaint about you
- You’ve breached a policy or practice
Before setting up the hearing, your employer must investigate the situation fully.
When they invite you to the hearing, they must explain what you’re accused of, and share the evidence they have against you, such as the notes of their investigations.
They must allow sufficient time before the date of the hearing for you to collect evidence to support your side of the story.
Before the hearing
Ask to see the evidence your employer has against you, such as emails and witness statements.
If the issue is about your conduct, find out exactly what they claim you’ve done or not done.
If it’s to do with your capability, you need to understand why they say you’re not capable of doing the job. Think whether they have given you enough training or support, and tell them if you’ve been experiencing health issues that have affected your performance.
If you’ve been on long-term sick leave, ask your doctor when you might be able to return to work, and consider whether you could go back sooner if your employer made adjustments for you, or offered you a different role. If your condition has lasted (or is likely to last) 12 months or more, find out if you count as ‘disabled’ under the Equality Act 2010. If so, this changes the obligations your employer has towards you.
Collect all the evidence you need, such as witness statements, medical reports, emails where you asked for training or support, and details of any other staff members in a similar situation who were not disciplined the same way as you.
You might have noticed we advise you to get everything in writing, because memories of a verbal discussion are not reliable.
A disciplinary hearing can be stressful, so you have a legal right to invite someone to accompany you, such as a trade union representative (even if you’re not a member of the union) or colleague. You can even invite a relative or friend, if your employer agrees. It’s best to choose someone who will be calm and constructive.
Tell your companion what you want them to do for you, such as presenting your case, conferring with you during the meeting, and/or taking notes. They are not allowed to answer questions for you. Tell your employer in advance who you want to bring as your companion.
Note that you can’t invite a companion to the initial investigation or an informal chat.
To ensure you don’t forget anything, make a structured list of all the things you want to say, and tick them off during the meeting. For example:
- Justify why you did whatever you were accused of
- Explain why you didn’t do the thing you were accused of
- If you made a genuine mistake, explain why and what you’ll do to ensure it doesn’t happen again
- Additional information and documents that support your case
- Character references and witness statements
- Why you’re a valuable employee, such as your length of service, previous disciplinary record, positive appraisals, good working relationships with management and colleagues, record of your achievements against your goals and targets
- Whether and how your employer failed to follow the correct procedure when dealing with this situation
If your employer has not allowed you sufficient time to prepare, or your companion isn’t available, you can ask for the hearing to be postponed until a reasonable future date.
After the hearing
There are various potential outcomes, including:
- It’s decided that the accusation against you is unfounded, and no further action will be taken
- You’re given a first or final written warning
- You’re put onto a Performance Improvement Plan
- You’re given mandatory training
- You’re dismissed with notice
- You’re dismissed without notice, due to gross misconduct
If you think the outcome of the hearing is unfair, you can appeal. To do this, write to your employer telling them you are appealing against the decision, and giving your reasons.
You’ll then be invited to an appeal hearing. As before, you can bring a companion.
After this, your employer will write to you with the final decision.
What this means to you
Your employer might have an official disciplinary procedure detailed on your company intranet, or in your employment contract or staff handbook. If they don’t have a written procedure, they should follow the Acas Code of Practice.
We are employment lawyers who only ever act for employees. As such, we can help you prepare for a disciplinary hearing. This includes helping with the necessary documents as well as advising how to handle every step in the process.
If your employer has sacked you without good reason, or not followed the proper procedure when they dismissed you, we’ll support you to bring a claim for unfair dismissal.
We’ll help take away the anxiety so you stay calm and professional during what can be a stressful time.
Related reading
We’ve written about this topic before. For more information, you might like to read our related articles. These include:
- How your disciplinary record might affect your unfair dismissal claim
- I’ve been dismissed because I broke the rules
- I’ve been unfairly sacked for misconduct
- I called my boss a rude name and got fired
- Can I be dismissed for falling asleep at work?
- Can I be dismissed for name-calling?
- Can I be sacked for social media posts?
- Can I be sacked for posting on Facebook?
- I’ve broken my company’s social media policy
- What does gross misconduct mean?
- How long does gross misconduct stay on your record?
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