Employee rights in disciplinary meetings

You have probably seen plenty of social media videos on public sector workers being schooled by individuals maintaining they know their rights – but do you know yours in a disciplinary hearing?

Being aware of what you can and cannot do, what to expect, and not to expect, is vital if you are unfortunate enough to ever be invited to a disciplinary hearing at work [ 1 Cited 29.7.25]

The hearing is a formal meeting at which your employer will discuss any concerns or allegations about your behaviour or performance, and you should be given an opportunity to respond.

It is an incredibly unsettling and uncomfortable work-related situation for any employee, regardless of position or seniority, to find themselves in, especially as in the most serious cases it can lead to dismissal.

Knowing your rights in such circumstances can have several key benefits. It will give you confidence to navigate the process, help you to feel confident to speak up and if necessary to challenge any unfair in a situation in which you can be extremely vulnerable.

Your rights in a disciplinary hearing are legal, moral entitlements and freedoms and protections that your employer should respect.

They act as what is essentially and figuratively a protective shield, which should keep you safe from unfair treatment and ensure you are treated fairly in that situation.

Being well informed about your rights in the disciplinary process will not only empower you but also ensure you make smart choices.

The rights you have at a disciplinary hearing are designed to ensure you are treated reasonably.  Here we take a look at some key employee rights in disciplinary meetings:

Right to be accompanied

If you are invited to a disciplinary hearing you have a statutory right to be accompanied by a colleague or trade union representative

The best companion you can take to a disciplinary hearing is an experienced and skilled trade union representative.[ 2 Cited 29.7.25]

You can be accompanied by a trade union representative whether or not the union is recognised by your employer - and even if you are not a union member.

At the hearing your companion can present and sum up your case, respond to points made during the meeting, ask questions and confer with you and take notes. They cannot answer questions put directly to you or disrupt or prevent your employer explaining the case.

If you need the support of an experienced and skilled trade union representative for a disciplinary hearing read on.

Change the date of the hearing

If your chosen companion is not available on the date the disciplinary hearing is scheduled to take place, you have a right to request the hearing is postponed and rearranged.

Under employment law you must propose at least one suitable alternative date within five working days of the original date. 

It is always a good idea to provide some additional dates for the meeting, which can be outside of that five-day period, as it can help to ensure that a suitable alternative date is arranged and avoid any delays to the process.

A fair hearing

You have a right to a fair hearing , which should be conducted in line with your employer’s disciplinary policy.

That process should be in line with the ACAS Code of Practice, which sets the minimum standard for fairness [ 3 Cited 29.7.25]

Review your employer’s disciplinary policy and the Code guidance to fully understand what you can expect as part of a fair process, which should include some key things e.g. a thorough and fair investigation, your right to be accompanied, being provided with all allegations and evidence prior to the meeting and an impartial hearing.

You are expected, and you should to the best of your ability, comply with any fair disciplinary process that your employer wishes to carry out.

The procedure your employer follows and your actions will be taken into account if the case ever reaches an employment tribunal.

If you have under two years’ service your employer’s disciplinary policy may make clear that it will not always follow the full process and all steps of it in such cases.

However, the process carried out should still be fair and reasonable, as you are protected from the start of your employment from automatic unfair dismissal e.g. all forms of discrimination or being punished for whistleblowing [ 4 Cited 29.7.25]

What rights do I have if the hearing is unfair?

If you genuinely believe the process is unfair you can, and you should, challenge it.

The best way to initially do so is to raise a formal grievance, which you can do prior to, or even during a hearing [ 5 Cited 29.7.25]

You can ask for the disciplinary hearing to be postponed in order for your complaint about the process and grievance to be addressed first.

The ACAS Code at section 46, allows an employer to suspend a disciplinary process to deal with a grievance first, or to deal with the cases concurrently.

If the disciplinary outcome is unfair, you have a right to appeal and challenge the decision.

You will usually have to submit a disciplinary appeal in writing, detailing your grounds for appeal [ 6 Cited 29.7.25]

Do I lose all my rights if I am dismissed after a disciplinary hearing?

The Employment Rights Act 1996 protects you from being dismissed unfairly[ 7 Cited 29.7.25]. If a disciplinary process is not conducted reasonably and properly, you may be able to challenge the outcome at an employment tribunal.

It is certainly not unheard of for an employee to challenge an unfair disciplinary process while it is ongoing, and for the employer to proceed regardless, or for an appeal against an unfair disciplinary sanction to prove unsuccessful.

In such circumstances, you still have rights if for example the outcome of a disciplinary hearing can be deemed an unfair dismissal, is discriminatory or amounts to victimisation.

Employment law provides countless examples of such cases. One extremely notable one being a former council employee who was dismissed after taking sick leave for post-traumatic stress disorder following the Grenfell Tower fire was awarded a potentially record-breaking £4.6 million in compensation for disability discrimination and harassment.

The female employee was sacked in 2018. It is reported that three years later, an employment tribunal found she had suffered disability discrimination and awarded the compensation, one of the highest – and possibly the highest ever – awards in damages [ 8 Cited 29.7.25 ]

How we can help to protect your rights during a disciplinary hearing

We can provide you with the support of one of our experienced and skilled trade union representatives for a hearing, and they can be an effective companion. You do not need to be a union member.

They will protect your rights and ensure they are respected and make sure the process is conducted fairly and in line with best practice.

The support provided can be invaluable as they can speak on your behalf and present your case clearly and confidently giving you the best possible chance of receiving a favourable outcome - and if not, ensure you are in a strong position to pursue your case legally.

Over the years the presence of one of our trade union representatives at a disciplinary hearing has helped to balance the power dynamic and considerably reduce the risk of unfair treatment and dismissal.

If you need the help of one of our expert and knowledgeable trade union representatives to help to protect your rights during a disciplinary hearing contact our Employee Support Centre or call us today for a free initial consultation on 0333 772 0611