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What happens at a disciplinary hearing?

A disciplinary hearing is a formal meeting held to consider allegations of misconduct or poor performance and to decide whether disciplinary action is appropriate. It usually takes place after an investigation has been completed and the employee has been invited to attend the hearing in writing.

Why disciplinary hearings are held

The purpose of a disciplinary hearing is to:

  • give the employee an opportunity to respond to the allegations
  • consider all relevant evidence fairly
  • decide whether disciplinary action is justified, and if so, what level of action is appropriate

A hearing should be conducted in line with the employer’s disciplinary procedure and the principles set out in the ACAS Code of Practice.

Who normally attends a disciplinary hearing

A disciplinary hearing is typically attended by:

  • the employee concerned
  • the person chairing the hearing (often a manager)
  • a note-taker or HR representative
  • the employee’s chosen companion, if they have exercised their right to be accompanied

The person chairing the hearing should be sufficiently senior and, where possible, not directly involved in the investigation.

What usually happens during the hearing

While the exact format can vary, most disciplinary hearings follow a similar structure.

1. The hearing is opened

The chair explains the purpose of the meeting, confirms who is present, and outlines how the hearing will be conducted.

2. The allegations are set out

The allegations being considered are explained, usually by reference to the disciplinary invitation letter and the evidence gathered during the investigation.

3. The employee responds

The employee is given the opportunity to respond to the allegations, ask questions, and present their version of events. Their companion may also address the hearing.

4. Questions are asked

Those present may ask questions to clarify the evidence or the employee’s response.

5. The hearing is adjourned

Once all relevant points have been covered, the hearing is normally adjourned so the chair can consider the information before reaching a decision.

What happens after the hearing

After the hearing:

  • the chair considers the evidence and decides whether the allegations are upheld
  • if disciplinary action is justified, the appropriate outcome is determined
  • the decision is confirmed to the employee in writing

Possible outcomes can range from no action being taken to a formal warning or, in serious cases, dismissal. The employee should also be informed of their right to appeal the decision.

How this fits into the wider disciplinary process

A disciplinary hearing is one stage of the overall disciplinary process. It normally follows:

  • an initial concern or allegation
  • an investigation
  • a written invitation to a hearing

It is usually followed by:

  • a written outcome
  • an appeal process, if the employee chooses to challenge the decision

If you are responsible for running a disciplinary hearing, you may also find it helpful to read practical guidance on how to chair a disciplinary hearing and manage the process fairly.

If you are unsure how to handle a disciplinary situation or would like support, professional HR advice can help ensure the process is followed correctly.