What is a disciplinary hearing?

A disciplinary hearing is a formal meeting between an employer and an employee to discuss allegations of misconduct or performance issues. It’s an opportunity for the employee to hear the case against them, respond to the accusations, and present their side of the story.

The hearing is part of the disciplinary procedure that all employers should follow if an employee’s behaviour or performance falls short of company expectations.

Conducting a disciplinary hearing is essential to ensure that any disciplinary action—such as a warning, demotion, or dismissal—is carried out fairly and in accordance with both the law and your company’s policies.

That’s why we’re going to break down how to manage one effectively. And remember if you’re ever in doubt, it’s wise to seek employment law advice.

Why do you need a disciplinary hearing?

Holding a disciplinary hearing is not just best practice; it’s a legal requirement in the UK for handling most cases of misconduct or poor performance. According to the ACAS Code of Practice, which governs disciplinary and grievance procedures, you must give an employee the opportunity to state their case before making any decisions about their future.

Failing to follow this process can result in serious legal consequences, including claims of unfair dismissal, which can be costly and damaging to your business. Following the correct procedure protects your business from these risks and ensures that employees are treated fairly.

When should you hold a disciplinary hearing?

A disciplinary hearing should be held when informal discussions have failed to resolve an issue or when the matter is serious enough to warrant formal action.

Common reasons for a disciplinary hearing include:

• Persistent lateness or absenteeism

• Poor performance despite support or training

• Gross misconduct, such as theft, harassment, or violent behaviour

• Breach of company policy or health and safety regulations

Before you hold a hearing, make sure that you've conducted a thorough investigation to gather all relevant facts. This will help you determine whether a hearing is necessary and ensure that any action taken is based on clear evidence.

Preparing for a disciplinary hearing

Proper preparation is crucial to ensure that the hearing runs smoothly and that it’s fair to the employee.

Here’s what you should do before the hearing:

Gather the evidence

Review all the evidence related to the case, such as emails, witness statements, time records, or performance reports. Ensure that all relevant information is available for the hearing.

Invite the employee in writing

 The employee should receive a formal written invitation to the hearing. This letter should include:

• The time, date, and location of the hearing

• The reason for the hearing, outlining the allegations

• The evidence against the employee

• The possible outcomes (e.g., a warning, dismissal)

• The employee’s right to be accompanied by a colleague or a trade union representative

Assign a chairperson who is not involved

Ideally, the hearing should be chaired by someone who hasn’t been directly involved in the investigation to ensure impartiality. This could be a senior manager or an HR professional.

Conducting the disciplinary hearing

During the disciplinary hearing, your goal is to listen to the employee’s perspective and present the evidence fairly.

Here’s how to structure the meeting:

Introduction

Start by explaining the purpose of the hearing and the format it will follow. Ensure that the employee understands the allegations against them.

Present the case

Present the evidence of the alleged misconduct or performance issues. Be clear and objective, focusing on facts rather than assumptions.

Employee’s response

Give the employee the chance to respond to the allegations. They may explain their actions, provide additional context, or dispute the evidence. Listen carefully and ask questions for clarification if needed.

Witness statements (if applicable)

If witnesses are involved, their statements should be reviewed during the hearing. In some cases, witnesses may attend the hearing to give their account in person.

Summarise

At the end of the hearing, summarise the key points that have been raised. Ask the employee if they have any further comments or evidence they’d like to present before you conclude.

Stop the hearing to decide

 It’s important not to make a decision on the spot. Take time to review all the evidence and the employee’s responses before deciding on the appropriate action. This helps to ensure that your decision is fair and considered.

After the disciplinary hearing: making a decision

Once you’ve reviewed all the information, you’ll need to decide on the appropriate course of action.

The possible outcomes of a disciplinary hearing may include:

• No further action if the allegations aren’t proven or if the employee’s explanation is satisfactory

• A verbal or written warning for less serious misconduct or performance issues

• A final written warning for more serious or repeated issues

• Dismissal, particularly in cases of gross misconduct or after previous warnings have been ignored

Whatever decision you make, it must be communicated in writing to the employee. The letter should detail the outcome, the reasons behind the decision, and any next steps (such as further training or monitoring). If the employee has received a warning, make it clear how long it will remain on their record and what they need to do to improve.

The employee’s right to appeal

The employee has the right to appeal the outcome of the disciplinary hearing if they believe it was unfair. Your letter should outline how they can do this and within what timeframe.

If an appeal is made, a separate hearing should be held, ideally chaired by someone who wasn’t involved in the original decision.

Get help with disciplinary hearings from BrightHR

A disciplinary hearing is a crucial part of managing workplace issues fairly and legally. By following the correct procedure, you protect your business from potential legal challenges and provide your employees with a fair and transparent process.

Remember, the aim is not just to punish but to resolve the issue and give your employee the chance to improve. Handled correctly, a disciplinary hearing can help maintain a positive and productive workplace while ensuring everyone knows what is expected of them.

This is where BrightHR comes in, with 24/7 access to HR and employment law advisor, you can get the help you need whenever you need it. Not to mention our online HR document library with customisable:

• Notice of disciplinary letters

• Outcome to disciplinary hearing letters, covering warnings to dismissals

• Factsheets for disciplinary hearing minutes

• Outcome to disciplinary hearing appeal letters

• Disciplinary records template

• And so much more…

See for yourself how BrightHR can help you manage disciplinary hearings and book a free demo today.