Who can attend a disciplinary hearing?

Being invited to a disciplinary hearing can initially be a huge shock and once it lessens the focus will inevitably turn to the meeting, what will happen, and who will be there?

Allegations both rightly and wrongly can be levelled against any employee at any time, regardless of role or seniority.

A member of staff will typically be invited to a disciplinary hearing because an employer will have serious concerns about their conduct, capability or attendance. [1] cited 21.5.25

The hearing is a formal meeting, which gives an employee the opportunity to respond to concerns expressed regarding any aspect of their work-related behaviour, actions or conduct.

Receiving an invitation to attend such a meeting can be daunting, incredibly stressful and extremely worrying, especially as in the most serious cases the notification to attend can include a warning that dismissal is a potential outcome.

The disciplinary hearing itself is fairly similar in most cases, as it must adhere to the good practice guidance in the ACAS Code of Practice. [2] cited 21.5.25

However, the people in attendance and present, to either support the employee or employer, at the meeting, can vary

Here we take an important look at who can attend a disciplinary hearing, their role and the law that covers attendance of those present.

The employee

The worker facing the allegations will be the centre of attention and main focus of the disciplinary hearing.

How they attend the meeting can vary, as it can be in person or, as is common, the meeting may be arranged virtually.

In exceptional circumstances e.g. serious illness or disability, a disciplinary may be conducted in writing or without the employee in attendance.

The employee must be invited to the meeting and given reasonable time to prepare for it.

While employment law does not specifically define what is considered ‘reasonable time’, it is generally considered to be at least 48 hours. However, some disciplinary policies state 24 hours’ notice will be given for a hearing.

An employee informed their attendance is required at a disciplinary hearing, but who believes they do not have enough time to get ready for it, should make the employer aware and request that it is rearranged.

At the hearing the employee can opt to present their own case in response to any allegation. They can provide evidence to show mitigation, to help refute what is alleged, ask questions and challenge the case presented against them and seek clarification on any points or evidence raised.

Employee Companion

Importantly an employee has a statutory right to be accompanied by a companion when invited to a disciplinary hearing. [3] cited 21.5.25

The choice of companion is crucial, especially in the most serious cases. They really can make the difference between the employee keeping their job or being dismissed.

Employment law allows an employee attending a disciplinary hearing to be accompanied by a work colleague, trade union representative or official employed by a union.

At what will undoubtedly be a stressful, difficult and challenging time for the employee, the role of the companion can be invaluable due to the active part they can play in the hearing They can:

• Set out the employee's case.
• Respond for the employee to any comments or points made at the meeting.
• Talk with the employee during the hearing.
• Take notes.
• Sum up the employee's case at the end of the hearing. [4] cited 21.5.25

 There are some things a companion cannot do during a hearing. They cannot answer questions put directly to the employee, interrupt or disrupt the meeting, or act in an unreasonable manner that prevents the employer from explaining its case.

There are situations in which an employee may be accompanied by a companion other than the type specified in employment law. It can be an appropriate individual requested by the employee as a reasonable adjustment due to a disability; to act as an interpreter if English is not a first language; or a friend or family member to provide morale support if needed in exceptional circumstances.

The best companion any employee can have for a disciplinary hearing is an experienced trade union representative.

An employee can be accompanied by a trade union representative at a disciplinary hearing whether or not they are a trade union member or the union is recognised by the employer. We can provide you with the support of one of our skilled trade union representatives for a disciplinary hearing if you contact our Employee Support Centre.

Disciplinary hearing chair

The person selected to hear the disciplinary case will usually be a senior manager. They will hear the evidence and act as decision-maker, either providing an outcome verbally on the day in some instances, and later confirming it in writing, or just do so in writing following the conclusion of the hearing.

In some case an employer may appoint a third-party e.g. external HR advisor, to chair the hearing.  This can happen in cases requiring impartiality, such as if senior management are involved in the case or when an external investigator is needed to ensure the process is fair and there is no conflict of interests.

HR advisor

 For many employees facing  a disciplinary hearing it can feel as if the HR advisor is solely on the side of the employer. However, their role should be to ensure the hearing and process are conducted fairly and in line with company policy and employment law.

 Witnesses

Prior to a disciplinary hearing witness statements and evidence should be provided to the employee. Those witnesses may then be asked to attend the hearing, which allows both the employee and employer to put questions to them.

A witness may be another employee who can provide relevant evidence, a manager or supervisor who has expressed concerns, or in some cases and if appropriate someone from outside of the organisation e.g. customer or client. The manager or HR advisor who conducted the investigation may also attend the hearing as a witness to explain their findings.

Some disciplinary policies will allow an employee to call appropriate witnesses of their choice. Where a disciplinary  policy does not allow the employee to do so, they can still make a request for witnesses to attend in line with section 12 of the ACAS Code.

Notetaker

Another employee, HR advisor or independent notetaker may be present in order to document and note what is said and discussed.

Although some disciplinary policies will prohibit the recording of the hearing, some employers do now record the meeting.

An employee can request that a hearing is recorded and explain the reason for the request, even if a notetaker is present, but the employer does not have to agree to it.

However, the request should be carefully considered, especially if it can be deemed a reasonable adjustment e.g. the employee is dyslexic and has difficulty reading written or typed notes. [5] cited 21.5.25

Other possible attendees

Panel members - a disciplinary case can sometimes be heard by a selected panel, for example in schools a panel can be made up from governors.

Legal advisor - although an employee does not have a right to be accompanied by a legal representative, an employer, such as a city council, may have a policy that allows it to have a legal advisor present.

An employer may allow additional attendees at their discretion, such as: mediators if the case involves workplace conflict, external HR consultants for complex cases or observers (such as senior managers) for training purposes. Such attendees should be discussed and agreed with the employee.

Finally

A disciplinary hearing can be a daunting and incredibly worrying process and it can, certainly in some cases, have severe consequences for an employee’s career. It is why understanding who can attend  a hearing and their role at it, is crucial.