What Employers Need to Know About Disciplinary Hearings

Disciplinary hearings are a critical part of managing workplace conduct and performance in the UK. When handled correctly, they help maintain standards, support employees to improve, and protect your business from unfair dismissal claims at an Employment Tribunal. When mishandled, they can lead to costly tribunal awards, reputational damage, and significant management time lost to disputes. 

At Employment Law Services (ELS) LTD, a Glasgow-based firm supporting employers UK-wide, we regularly advise clients on disciplinary processes. With the Employment Rights Act 2025 introducing major changes; including day-one unfair dismissal rights from 2027 (reducing the qualifying period from two years to six months), getting disciplinary hearings right is more important than ever. Tribunals will scrutinise procedures closely, and failing to follow fair processes can result in compensation uplifts of up to 25% for not adhering to the Acas Code of Practice on disciplinary and grievance procedures. 

Recent data underscores the risks: In Q2 2025/26 (July–September 2025), unfair dismissal claims reached around 4,766, making it the most common single claim type, with a 68% year-on-year increase in some reports. Average unfair dismissal awards hover around £13,749 in recent figures, though medians from earlier years (e.g., £6,746 in 2023/24) show variability, and tribunals can award more for procedural flaws. 

This guide outlines what UK employers need to know about disciplinary hearings, drawing from the Acas Code, government guidance, and practical best practice. We’ll cover key steps, common pitfalls, and how proactive support can help. 

Step-by-Step: A Fair Disciplinary Process

Follow these stages to align with Acas guidance and minimise risks: 

1. Informal Resolution First (Where Appropriate)

For minor issues or one-off incidents with a good record, start informally; discuss concerns, set expectations, and monitor improvement. Document the conversation. Many problems resolve here without escalating. 

2. Investigation

Before any hearing, investigate thoroughly and impartially. Gather evidence (witness statements, emails, CCTV if relevant), interview relevant parties, and keep an open mind. 

• Suspend the employee only if necessary (e.g., serious allegations like theft or safety risks); on full pay, as a neutral act, not punishment. 
• Provide the employee with investigation details in advance. 

3. The Disciplinary Hearing

If investigation shows a case to answer, invite the employee in writing to a hearing. Include: 

• Allegations and evidence summary 
• Possible outcomes (e.g., warnings or dismissal) 
• Right to be accompanied (by a colleague or trade union rep; not a solicitor usually) 
• Copies of documents Give reasonable notice (typically 3–7 days) and allow postponement for good reason (e.g., companion availability). 

At the hearing: 

• Explain allegations clearly. 
• Present evidence and allow questions. 
• Let the employee respond, present their case, call witnesses, and introduce evidence. 
• Ask open questions; remain objective. 
• Adjourn if needed (e.g., for new information). 
• Decide outcome afterwards don’t announce immediately unless straightforward. 

Outcomes can include: no action, verbal warning, written warning, final written warning, demotion, or dismissal (with or without notice for gross misconduct). 

4. Decision and Notification

Confirm in writing: reasons, outcome, improvement required (with timescales), appeal right, and warning of further action if breached. 

5. Appeal

Offer a right of appeal against any formal sanction. Handle by a more senior manager (or external if small business) who wasn’t involved initially. Appeal hearing follows similar format; review fairness, new evidence if any, and uphold, reduce, or overturn decision. 

For gross misconduct (e.g., violence, theft, serious insubordination), summary dismissal is possible but still follow investigation and hearing steps for fairness. 

How a Retainer with Employment Law Services Helps

At ELS, our fixed-fee annual retainers give employers unlimited access to specialist advice on disciplinary matters. We can: 

• Review investigation plans and hearing invites. 
• Draft letters, scripts, and outcome documents. 
• Advise on hearing conduct and questions. 
• Support appeals or investigations. 
• Provide policy reviews and training to ensure compliance. 

Clients often resolve issues early, avoiding tribunals entirely or build robust defences if claims arise. With changes like day-one rights looming, proactive guidance is invaluable. 

Disciplinary hearings aren’t about punishment; they’re about fairness, improvement, and protecting your business. By following the Acas Code, documenting everything, and seeking expert input early, you reduce risks significantly.