The investigation report says there is a case to answer. That does not mean the disciplinary outcome has already been decided. The hearing is the employee's opportunity to understand the allegation, challenge the evidence, give their account and raise mitigation before the employer decides whether any formal action is justified. Treating it as a scripted announcement can undermine the fairness of the whole process.
Keep the investigation and hearing decisions separate
An investigation gathers facts and decides whether there is a case to answer. A disciplinary hearing considers that case and the employee's response before deciding what happens next. The Acas Code says different people should carry out the investigation and hearing in misconduct cases where practicable. A small employer may have limited managers, but it should still identify conflicts, separate roles where possible and record how the chair will approach the evidence impartially.
The chair should receive the investigation material without adopting the investigator's opinion as a finding of guilt. Check that the allegation is specific, the evidence is relevant and the proposed chair has authority for the possible outcomes. If dismissal is within scope, the person who may decide it must have the contractual or delegated authority to do so.
Do not add allegations at the hearing because the existing case looks weak. A materially different concern normally needs investigation and a fresh or revised written notification so the employee has a fair opportunity to prepare.
Related guide: workplace investigation process → · Acas Code: disciplinary and grievance procedures ↗
Send a clear invitation and the evidence in good time
Write to the employee with the alleged misconduct or performance concern, the possible consequences, the hearing date, time and place, and the right to be accompanied. Provide enough detail for them to understand the case. A vague label such as ‘attitude’ or ‘breach of procedure’ is not a useful allegation without the conduct, date, rule or expected standard behind it.
Include the evidence the employer plans to rely on, normally including relevant witness statements, records and the investigation report. Give reasonable time to prepare. The Acas Code does not prescribe one universal notice period, so consider the volume and complexity of the material, any disability-related needs, availability of the companion and what the employer's own policy promises.
Tell the employee how to submit documents, identify relevant witnesses or request an adjustment. If some information must be redacted to protect another person, preserve enough substance for the employee to understand and answer it. Anonymous evidence requires particular care: test its reliability and whether fairness can be maintained without revealing the source.
Acas: preparing for a disciplinary hearing ↗ · Acas: disciplinary hearing letter templates ↗
Apply the right to be accompanied correctly
A worker has a statutory right to be accompanied where the hearing could result in a formal warning, another disciplinary action or confirmation of action at appeal. The statutory companion can be a fellow worker, an employed trade union official or a trade union representative certified by the union. An employer can allow somebody else under its policy, and a reasonable adjustment may require a different support person for a disabled worker.
The companion may put and sum up the worker's case, respond to views expressed and confer with the worker. They do not have a statutory right to answer questions for the worker or prevent the employer explaining its case, although the chair can agree a more supportive arrangement where it helps fair participation.
If the chosen companion is unavailable, the employer must postpone to a reasonable alternative proposed by the worker if it is no more than five working days after the original date. Do not treat five days as an automatic cut-off in every case. The current Acas Code flags relevant case law on longer postponements, and overall reasonableness matters particularly where dismissal is possible.
Employment Relations Act 1999: section 10 ↗ · Acas: the right to be accompanied ↗
Chair the hearing as a genuine decision-making meeting
Introduce everyone, confirm the purpose and explain the structure. Set out each allegation and take the employee through the evidence. Allow them to answer, ask questions, present relevant evidence, identify witnesses and comment on witness information. The chair should probe inconsistencies without arguing the employer's case or finishing the employee's answers for them.
Take an accurate note and allow breaks where needed. Reasonable adjustments might include an accessible room, additional preparation time, documents in another format, shorter meeting blocks, an interpreter or a support person. Consider the individual's needs rather than assuming the statutory companion resolves every participation barrier.
New evidence may require an adjournment and further investigation. Share any material that will influence the decision and give the employee a chance to respond. At the end, summarise the issues still to be decided, explain the next step and adjourn before reaching the outcome. The chair should not arrive with a completed outcome letter waiting to be signed.
Decide whether action is justified and proportionate
After the hearing, assess what facts are supported, whether the rule or standard was known, the seriousness of the conduct, the employee's explanation, mitigation and any active disciplinary record. Compare relevant previous cases, but consistency does not mean identical sanctions where the facts, roles, risks or mitigation differ.
Possible outcomes include no action, informal support, a written warning, a final written warning or dismissal. A first instance of ordinary misconduct will usually result in a written warning. Serious misconduct may justify moving directly to a final warning. Gross misconduct can justify dismissal without notice, but only after a fair process; the label ‘gross misconduct’ does not remove the need to investigate and hear the response.
The written outcome should explain the findings, reasons, action, required improvement, timescale, how long a warning remains current and the consequence of further misconduct. If dismissing, confirm the reason, termination date, notice position and appeal right. Do not impose demotion, loss of seniority or another contractual penalty unless the contract or agreed procedure permits it.
Prepare the process before the meeting begins.
HR + SAFETY can review the investigation material, hearing invitation and manager plan so the employee receives a fair opportunity to respond.
Discuss disciplinary hearing supportHandle absence, grievances and appeals carefully
If the employee is absent or unwell, contact them, understand the reason and consider rearrangement, a different location, remote attendance, written submissions or medical advice with consent. Proceeding in their absence may eventually be reasonable where they remain unable or unwilling to attend without good cause, but first give clear notice and a meaningful opportunity to participate.
A grievance raised during the process does not automatically stop the disciplinary case. The current Acas Code says the process may be temporarily suspended, or related issues may be handled concurrently. Decide whether the grievance affects the reliability of the investigation, the chair's impartiality or the employee's ability to answer the case.
Offer an appeal against every formal outcome. Ask for the grounds in writing and arrange an impartial review without unreasonable delay. Wherever possible, use a manager not previously involved and with authority to confirm, reduce or overturn the outcome. The worker also has the statutory right to be accompanied at the appeal hearing.
Acas: disciplinary appeals ↗ · Related guide: suspending an employee →
Disciplinary hearing checklist
Legal requirements and official guidance were checked on 28 September 2026. The 2015 Acas Code remains the current statutory Code. Acas published a replacement draft on 30 July 2026, but its consultation closed on 23 September 2026 and Acas is still reviewing responses. The draft has no commencement date and should not be presented as the Code currently in force.
- Confirm the investigation establishes a case to answer, not a predetermined outcome.
- Use an impartial chair with authority for the possible decisions.
- Define every allegation and its possible consequences in writing.
- Provide the evidence and reasonable preparation time.
- Explain the statutory right to be accompanied.
- Consider reasonable adjustments and any wider support needed.
- Let the employee answer, question evidence and present relevant material.
- Adjourn if new evidence requires investigation or a further response.
- Assess facts, mitigation, consistency and proportionality separately.
- Give the outcome, reasons and any improvement requirements in writing.
- Offer an impartial appeal and keep a confidential record.
A disciplinary hearing is the decision stage, not a confirmation exercise. Give the employee the complete case, enable proper participation, test the response and record why the outcome is fair and proportionate.
This guide provides general information for UK employers. It is not legal advice and should not replace advice based on the facts of a specific matter.