Disciplinary Hearing Guide for Employers

A disciplinary hearing is a formal meeting where an employer addresses concerns about an employee’s conduct or performance. It’s a critical part of workplace management that ensures employees receive a fair opportunity to respond before any action is taken. Whether you’re dealing with repeated lateness, policy violations, or performance issues, following proper disciplinary procedures protects your business and workforce.

At Davis Law, we work with companies throughout Buckinghamshire to ensure they get the disciplinary hearing process right. A poorly handled hearing can lead to legal disputes and damage morale, undermining trust across your team. Here are key steps and considerations on how to conduct a disciplinary hearing fairly while being legally compliant.

What Happens at a Disciplinary Hearing?

The hearing itself should be structured and professional. The employer presents the issue at hand, along with any supporting evidence such as timesheets, witness statements, or performance records. The employee then has the chance to respond, ask questions, and offer their perspective on what happened.

Throughout the hearing, both parties should remain respectful and focused on the facts. It is important to document everything clearly, including what was discussed, who attended, and any evidence presented. This record becomes essential if the matter escalates or is later reviewed.

Once the hearing concludes, the employer should take time to consider all the information before making a decision. Possible outcomes include no action, a formal warning, a final warning or, in severe cases, dismissal. Whatever the outcome, it should be communicated in writing and include the employee’s right to appeal.

The Right to Be Accompanied

Employees have a legal right to bring a companion to a disciplinary hearing. This right helps ensure fairness and gives the employee support during a stressful process. The companion’s role is to provide moral support, take notes, and help the employee present their case. They may also ask questions or respond on the employee’s behalf, but they should not answer questions directly for the employee.

Allowing this right is good practice and a legal requirement. Denying it could result in a claim to an employment tribunal and damage your credibility as an employer.

Who Can the Employee or Worker Bring With Them?

The law specifies who can act as a companion during a disciplinary hearing. Typically, this includes:

• A work colleague employed by the same organisation
• A trade union representative
• An official employed by a trade union

In some cases, employers may allow others to attend, such as a family member or legal advisor, particularly if there are special circumstances like language barriers or disabilities. While you’re not legally required to allow these individuals, being flexible can demonstrate fairness and reduce the risk of disputes.

Requesting a Companion

The employee must make their request in advance and provide reasonable information about who will be accompanying them. This includes the person’s name and relationship to the employee, such as “trade union representative” or “colleague from the finance team.”

As an employer, you should respond promptly to the request. If the proposed companion isn’t available on the scheduled date, you should offer an alternative time within five working days of the original hearing date. Clear communication here helps keep the process on track and avoids unnecessary delays.

Practical Concerns for HR of Remote Disciplinary Hearings

Disciplinary hearings at work have traditionally been in-person, but it’s becoming more common to hold remote hearings. However, these situations bring unique challenges. Employers must ensure the process remains fair, private, and accessible, even when conducted over video conferencing platforms.

• Choose a Secure Platform – Protecting confidentiality is essential. Make sure all participants understand how to use the technology and have access to the necessary equipment. Provide clear instructions in advance, including how to join the meeting and what documents will be discussed.
• Make It Accessible – If an employee has a disability or other support needs, ensure the platform and format accommodate them. For example, consider whether captions or translation services are required.
• Record Keeping – Keep records just as you would for an in-person hearing. Save recordings with consent from the employee, take detailed notes and follow up in writing. Remote hearings require extra care, but with the proper planning, they can be just as effective as traditional meetings.

Additional Assistance for Work Disciplinary Procedures

Professional support is available if you’re unsure how to handle a disciplinary hearing. HR consultants, legal advisors, and organisations like the Advisory, Conciliation, and Arbitration Service (ACAS) can provide knowledgeable guidance. Legal advice is particularly valuable if the case involves complex issues, potential dismissal or the risk of a tribunal claim.

Protecting Your Business and Your People

A fair and well-managed disciplinary hearing procedure benefits everyone involved. Experienced solicitors can review your procedures, help draft documentation, and ensure you meet your legal obligations. Take the time to prepare thoroughly, document carefully, and seek advice when needed. The effort you invest in getting the process right will pay off in the long run. For support in employment law matters, you can trust our team at Davis Law for assistance across Buckinghamshire. Contact us today to schedule a consultation.

Frequently Asked Questions

At Davis Law, our legal team is here to share everything you need about disciplinary hearings for employers in Buckinghamshire and the surrounding areas. From expert guidance on conducting fair hearings to analysing potential risks, we can help you. Here are answers to a few common questions about disciplinary hearings: