Facing a disciplinary hearing at work? This guide explains your legal rights, what the ACAS Code requires, how to prepare, and what to do if you disagree with the outcome.
A disciplinary hearing can feel daunting — but the law gives you clear rights throughout the process. Your employer must follow a fair procedure, and if they don't, any dismissal or sanction may be unfair even if the underlying allegation has merit.
This guide explains what happens at every stage, what you're entitled to, and how to protect yourself.
The ACAS Code of Practice on Disciplinary and Grievance Procedures sets the minimum standard for fair disciplinary processes in the UK. Employment tribunals are required to take it into account when assessing whether a dismissal was fair.
If your employer fails to follow the Code, and you are dismissed, the tribunal can uplift your compensation by up to 25%.
If you unreasonably fail to use an internal appeal (or take any other step required), your award can be reduced by up to 25%.
Before any hearing, your employer should carry out a reasonable investigation to establish the facts. The investigator should ideally be different from the person who will chair the disciplinary hearing.
If the allegation is serious, your employer may suspend you on full pay while the investigation is conducted. Suspension should be a neutral act — not a punishment — and should be as short as possible.
You must receive written notice before the hearing. This should include:
The hearing gives you the opportunity to:
After the hearing, your employer should notify you of the outcome in writing, including:
You always have the right to appeal a disciplinary decision. The appeal should be heard by someone not involved in the original decision, where possible.
Under the Employment Relations Act 1999, you have a statutory right to be accompanied at any disciplinary or grievance hearing by:
You must make a reasonable request to be accompanied. Your companion can:
Your companion cannot answer questions on your behalf (unless you ask them to) and your employer is not obliged to rearrange more than once to accommodate your companion's availability.
There is no statutory right to be represented by a solicitor at an internal disciplinary hearing (unlike at an employment tribunal). Your employer can refuse to allow a solicitor to attend. However, some employers allow it, and if the matter could lead to criminal proceedings (e.g. allegations of fraud), having legal advice available is strongly recommended.
A disciplinary hearing can result in:
| Outcome | Meaning |
|---|---|
| No further action | The allegation is not proven or not serious enough to warrant a sanction |
| Verbal warning | A formal verbal warning that goes on your record (usually 6–12 months) |
| First written warning | A formal written warning, typically active for 12 months |
| Final written warning | A serious sanction — if repeated, dismissal is likely |
| Demotion | Rare, and only if your contract permits it |
| Dismissal | With or without notice, depending on whether it is gross misconduct |
Gross misconduct is conduct so serious that it justifies summary dismissal — dismissal without notice or pay in lieu of notice. Common examples include:
However, even for gross misconduct, your employer must still follow a fair procedure — they cannot dismiss you without an investigation and hearing.
Before the hearing:
At the hearing:
If your employer fails to follow a fair procedure, you may have grounds for a claim:
Remember: the 3-month-minus-one-day time limit for employment tribunal claims runs from the date of dismissal (or the act complained of).
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