What happens after a disciplinary hearing?

Waiting, wondering, fearing, thinking, worrying about the outcome to any process that can have significant consequences for you is no different to a disciplinary process at work.

Whether it is a job interview, exam etc, awaiting the result, guessing what it can be, and going over and over the various permutations in your head, can be uncomfortable and a time of great uncertainty.

You can prepare as best as you can for any given situation, do or say what you think is right, but then you have no control over the situation or outcome.

All you can do is sit, wait and fret on what the decision will be, and wonder if it will be good or bad news.

And there can be few things worse than the wait for an outcome following a disciplinary hearing at work.

Anyone can be subject of a disciplinary investigation and action at work – even if they are innocent.

It can occur quite easily as a result of a genuine misunderstanding, incomplete evidence or allegations being made that require investigation.

Facing any disciplinary-type situation at work can be incredibly stressful, unsettling and worrying.

The aim of a disciplinary investigation is to establish the facts of a case.

A subsequent disciplinary hearing, if necessary, will determine if any allegation should be upheld or rejected. [1] cited 23.4.25

Employment case law is littered with examples of employers making the wrong decision following a disciplinary hearing.

A notable example is the case of a senior employee in ill-health who was sacked on the spot following a series of terse emails to colleagues.

It is reported that he was  awarded £2.5m by an employment tribunal for unfair dismissal, unfavourable treatment and disability-related harassment. [2] cited 23.4.25

There is always a great deal of focus on the build-up and conduct of the disciplinary hearing itself.

But once a case has been heard, the employee has had their say and presented their case or mitigation or refuted any allegation, it is equally important to understand what exactly can happen once the hearing is over.

Here we take a closer and detailed look at the possible events and consequences, which can occur after a disciplinary hearing, with a focus on employer actions, employee rights, and possible legal options.

Hearing outcome

A disciplinary hearing is an employee’s opportunity to have their say and to respond in full to the evidence and any allegation made against them.

Employers will have their own disciplinary policy, which should reflect the ACAS Code of Practice that all employers should adhere to. Employment tribunals do take the Code into account, particularly when dealing with disciplinary procedures. [3] cited 23.4.25

A disciplinary case will normally be heard by a disciplinary hearing chair or panel selected by an employer.

They will then evaluate the evidence presented and everything that has been said,  both in support of any allegation and in refuting it, before reaching an outcome and deciding whether any allegation should be upheld or dismissed.

In some cases the outcome can, in the first instance, be provided verbally on the day following an adjournment at the hearing. However, it should later be confirmed in writing.

In many cases the outcome will not be communicated on the day and instead will be provided in writing following the hearing.

Typical action following a disciplinary hearing

Allegation not upheld

This is the best possible outcome for any employee following a disciplinary hearing.

The disciplinary hearing chair or panel can reach a decision that the evidence does not substantiate any allegation.

Or in accordance with employment case law there can be mitigating factors that an employer must consider e.g. an employee’s mental health, which can mean no further action should be taken following the case. [4] cited 23.4.25

Even in cases where an allegation is dismissed, the outcome should be confirmed in writing.

Formal warning

It will obviously be worrying for any employee to be informed an allegation against them has been upheld.

For a first offence, act of minor misconduct or even with a finding of gross misconduct, in such cases dismissal should never be an automatic sanction, a formal warning can be issued. The type of warnings that could be issues are:

• A verbal warning.
• A first written warning, or
• A final written warning.

A warning will be placed on an employee’s record for a specific period of time e.g. six months or 12 months after which it will expire and then be disregarded.

But if the employee faces further disciplinary action and a new allegation is found proven while a warning is active, it could lead to a more severe outcome, potentially including a final written warning or even dismissal.

Once a warning has expired it can only be relied upon in exceptional circumstances, but employers should seek expert legal advice on if it is appropriate to do so.

The key point in a dismissal case will be that when judging fairness under Section 98(4) of the Employment Rights Act 1996, is whether the employer acted reasonably or unreasonably [5] cited 23.4.25

A tribunal will look at whether the employer’s decision was fair, sensible, and justified based on the facts and circumstances of the case.

Dismissal

In cases in which the allegations are serious and can be considered to amount to gross misconduct e.g. theft, physical violence or serious insubordination, dismissal may be the outcome to a disciplinary hearing.

A decision can be taken to terminate the employment contract and pay the employee’s notice period, or it could be a summary dismissal without notice that will often happen if  gross misconduct allegations are found to be proven.

Dismissal is, obviously, the most severe disciplinary outcome and it should be a last resort and a decision that is proportionate in the circumstances to avoid subsequent claims of unfair dismissal. [6] cited 23.4.25

Alternative outcomes

Rather than issuing a formal disciplinary sanction or dismissal an employer can in some cases decide to demote or reassign an employee to a different role, depending on the nature of any allegation and the finding.

It is rare, but a disciplinary policy and some employment contracts can mean that a disciplinary hearing results in suspension without pay for a period of time.

Further investigation

At the conclusion of a disciplinary hearing an employer may decide it is necessary to adjourn the meeting and carry out further investigations.

This can happen in response to evidence and information an employee has presented, if it is believed that more information is needed or if new evidence comes to light. This is good practice to ensure a fair and comprehensive process.

An employee should be given an opportunity to respond to new evidence gathered in any additional investigation, which may influence the outcome.

Right to appeal

If you are unhappy with any outcome to a disciplinary hearing, you have a statutory right to appeal against it.

The written confirmation of the disciplinary outcome will provide details as to how an appeal should be submitted, the person or department it should be sent to and the deadline to do so.

An appeal hearing can lead to the original outcome being upheld, overturned or amended.

While the appeal is the end of the disciplinary process with an employer, if an employee remains unhappy with the outcome and there are legitimate grounds to challenge it, then an employee can make an employment tribunal claim.

Finally

A disciplinary hearing is a significant occurrence in the employment relationship, which can shape the future of it or even destroy it.

Whether it results in an employee being cleared, corrective measures, or dismissal, what follows a disciplinary hearing must always reflect fairness, consistency and be in line with an employer’s policy and employment law.