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What you should do if I am invited to a disciplinary hearing?
Published 01 September 2025
One of the scariest and most unsettling workplace experiences you may encounter in any line of work, is being invited to a disciplinary hearing that can have career-threatening consequences.
Few employees willingly face such a process and accept what is happening, as it is usually unexpected, certainly unwelcome and can often feel extremely unfair.
A disciplinary hearing is a formal meeting to hear and consider conduct or performance concerns and it can result in a formal sanction being issued, or even dismissal (1) [cited 1.9.25]
The worrying thing, and it can and often does happen, is that you can be invited to a disciplinary hearing - even when you have not done anything wrong.
This can occur because your employer genuinely believes there is a serious issue or concern, which needs to be addressed.
It could be the result of a misunderstanding or a completely false claim. However, your employer must take the matter seriously and carry out a proper investigation.
And it is important to remember that being asked to attend a disciplinary hearing is not proof that you have done something wrong – although it can feel like it.
Prior to a disciplinary hearing you may be suspended from work, which is said to be a neutral act, but it is also not proof you have done something wrong. (2) [Cited 1.9.25].
So, if you are invited to a disciplinary hearing, rightly or wrongly, or if you a facing a hearing after suspension, here are five key tips to help you through the process.
- Know the disciplinary process
The disciplinary process can vary from employer to employer, so it is important to review the disciplinary policy to understand what to expect and how the process will be conducted.
Differences may include whether a disciplinary panel hears the case instead of a single manager, or whether the employer calls witnesses to attend the hearing, usually to provide evidence to support an allegation. You should be given an opportunity to question these witnesses.
You should also be allowed to call your own witnesses to support your case. If this opportunity is not offered, you can still make a formal request in line with Section 12 of the ACAS Code of Practice (3) [cited1.9.25]
How the process is structured should guide how you prepare, so understanding the procedure in advance is essential.
- Request access to any evidence that can support your case
Once you understand the case and the allegations against you, you can begin identifying evidence that may help you respond effectively.
You may be aware of, or believe there are, emails, documents, or other forms of communication that support your case.
Gather any relevant evidence, but make sure you do so in a way that does not breach your employer’s policies. For example, avoid sending company information to a personal email address or sharing it with friends or relatives.
If you are suspended, you should submit a formal request to your employer, ideally via email, for access to any information or evidence that could assist your case.
It is not uncommon for employers to rely on evidence to support an allegation that has not been shared with the employee before a disciplinary hearing.
Employers may not always hold a fact-finding investigation meeting with you (4) [cited 1.9.25]. This means some evidence, such as CCTV footage or confidential records, may only be presented on the day of the hearing.
If that is the case, you should be informed in the letter inviting you to the disciplinary hearing.
You should then request that arrangements be made for you to view the evidence before the day of the hearing. This will give you time to assess it properly and prepare your response.
- Keep your composure and stay calm
It is easy to feel frustrated and angry when facing a disciplinary hearing, but remaining calm, professional, and focused in this situation is vital.
You need to be able to think clearly and stay in control of your emotions in order to respond appropriately. Being angry or overly confrontational will not help your case and in fact, it is more likely to make things worse.
You need to listen carefully, speak politely, stick to the facts, and preparation is key.
Review the evidence, understand the allegations, and think about what you wish to say and how best to respond. It sounds simple but knowing and clearly understanding the case against you will help you respond effectively, stick to the facts and stay focused and avoid being sidetracked by irrelevant issues.
Remember that allegations are not proof of wrongdoing. A fair hearing is your opportunity to have your say. Staying calm and professional will put you in the strongest position to do so effectively.
- Preparation
Once you understand the allegations made against you, know how the disciplinary process works, and have gathered all necessary evidence, you can begin preparing for the hearing.
The best way to present your case in a structured, clear, and effective manner is to prepare a written statement and talk through it during the hearing.
If you are facing more than one allegation, take each one separately and use it as a heading. Under each heading, outline the key points that support your case, including any relevant evidence and background information.
If you are adamant that you did not commit the alleged misconduct, explain why. If there has been a mistake or misunderstanding, clarify how and why it occurred.
In some cases, you may have done what you are accused of, but the situation may not be as serious as claimed. If there are mitigating factors - such as context, intent, or circumstances - make sure to document them.
If your employer has failed to follow the correct or a fair procedure, include those concerns in your statement. An unfair disciplinary process can lead to an unfair outcome.
Be sure to give your employer a copy of your statement before or at the start of the hearing.
It is completely understandable to feel nervous, rushed, or panicked during the hearing. It may sound strange, but remembering to breathe can make a real difference.
Pausing and taking a deliberate breath in stressful moments can work wonders, as it can calm your nerves and give you a moment to regain emotional control before clearly explaining everything you wish to say.
- Take a companion
You have a statutory right to be accompanied at a disciplinary hearing by a colleague or trade union representative, regardless of whether you are a member of the union or whether the union is formally recognised by your employer (5) [cited 1.9.25].
As we have explained in this space previously, the most effective companion you can ask to accompany you is a trade union representative (6) [cited 1.9.25].
They can present your case, respond to points raised during the meeting, confer with you, take notes, and summarise your position. However, they cannot answer questions that are directed specifically to you.
If you are facing a disciplinary hearing at work and you need the assistance of an expert trade union representative, we can help. Our experienced and skilled trade union representatives have a long and successful track record supporting employees at a range of different work meetings. You do not have to be a trade union member to get this specialised support.
