What happens at a disciplinary hearing?
At a disciplinary hearing, the employer presents the allegations and any supporting evidence to the employee. The employee is then given the opportunity to respond and present any counter-evidence. The meeting is then the adjourned and the employer considers all they have heard before providing an outcome.
What usually happens during the hearing
Most disciplinary hearings follow a similar structure, which typically includes the following stages.
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.
Why disciplinary hearings are held
The purpose of a disciplinary hearing is to allow the employee to respond to allegations and for the employer to decide whether formal action is justified.
Who normally attends a disciplinary hearing
A disciplinary hearing is usually attended by the employee, the manager chairing the hearing, and a note-taker or HR representative. The employee also has the right to be accompanied by a colleague or trade union representative, if they wish.
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 in the wider disciplinary process, which may include an investigation beforehand if there is a need to gain further understanding of what has happened in order to determine whether formal disciplinary action may be needed. Additionally, a written outcome will follow the hearing and, potentially an appeal process if the employee is unhappy with the outcome.
Related guidance
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.
