Website of the UK government

Arranging the meeting

After your employer has followed the first step in the statutory minimum disciplinary procedure and sent you a written letter setting out what has led them to consider disciplinary action, they should arrange a meeting.

• Disciplinary procedures: initial letter, suspension and investigation

The meeting (or 'hearing') must happen before any disciplinary action is taken. If your employer hasn't explained in the letter the reasons why they are disciplining you, they have to explain this before the meeting.

The meeting should:

• be arranged at a reasonable time for you and anyone else involved
• be in a private place (so there are no interruptions)
• be arranged so you get enough time to prepare

If you don't think you have enough time to prepare then ask your employer for more. There's no specific minimum amount of time that your employer must give but they should make sure you know what the meeting is for (and not just say 'come into my office for a chat').

Right to be accompanied

You have a right to take someone to the meeting with you. This can be a colleague or trade union representative. If you are not a union member, and no colleague is willing to go with you, you can ask to bring someone else. If this isn't something agreed in your contract, your employer can refuse.

• Introduction to trade unions

Your companion can take notes and speak instead of you, but may not answer questions for you.

If your companion can't make the meeting, for example because of illness, your employer must postpone it by up to five days. If they refuse, you could consider making a claim to an Employment Tribunal (Industrial Tribunal in Northern Ireland). You can find out more about the right to be accompanied in section three of the Acas Code of Practice.

• Acas Code of practice on disciplinary and grievance procedures Opens new window
• Help with PDF files

Before the meeting

Before the meeting, your employer should normally give you copies of any written evidence. In all cases, you should be informed of the nature of the case against you. Your employer may let you question any witnesses during the meeting, but they do not have to. Your employer may choose not to reveal the identity of the witness. Your employer may also let you bring your own witnesses.

Prepare carefully, answering any points raised in the statement or further explanation from your employer. If you want you can write down what you want to say and read it out at the meeting.

During the meeting

At the meeting, the employer will explain the complaint and go through the evidence; you then put your side of the story.

You should:

• ask for copies of any notes of the meeting
• list the points you want to make
• at the meeting, listen to what your employer has to say, before giving your side
• remain calm, so you get your points over clearly
  

Not attending the meeting

If you can't attend the meeting (for example if you are off sick) your employer would be expected to rearrange the meeting at least once if possible. If you are still unable to attend then they can choose to hold the meeting in your absence. In this sort of situation you could try to send in a written statement or perhaps a representative who can explain your side of things.

• More about the right to be accompanied (PDK, 327KB) Opens new window
• Help with PDF files

Decision

Either at the meeting or shortly after, your employer should tell you their decision and the action they are going to take. In some cases if you raise a significant new fact or issue in the meeting your employer may break off the meeting to look into the issues. They should rearrange the meeting for a later date.

This may be done verbally, although it should be confirmed in writing depending on the reason for the disciplinary action. They must also tell you of your right to appeal their decision. The decision might be:

The outcome might also be anything else that could resolve the problem (for example an agreement to take part in mediation between yourself and a co-worker who you have had personal problems with).

Your company's disciplinary procedure should include how many verbal or written warnings are needed before a final warning or dismissal. You should be given a written warning, or if the warning was verbal a written confirmation of it, saying what it was for and how long it will remain in force.

Your employer is allowed to give any type of warning that they think is appropriate. For example in the case of theft or violence they might decide to go straight to a final warning - or even dismissal. Your employer should always try to act consistently, so if they would give others a verbal warning in a particular situation they shouldn't give you a final warning unless there are good reasons for doing so.

If you are given an official warning without an initial letter and meeting, you should appeal (and explain why). This might happen if your employer has treated a simple telling off as an official verbal warning.

Although the most common actions are warnings or dismissal, your contract may allow other penalties such as demotion, or suspension without pay. Your employer must not change your job description as a punishment, nor fine you, unless this is allowed by your contract.

• Contracts of employment: introduction
• Changes to employment conditions: introduction
• Non-payment, deductions and payslips

More useful links

• Advice for employers about handling discipline and grievance issues from Business Link Opens new window