An Employer’s Guide

Handling a disciplinary hearing is never easy – but it’s a crucial part of managing people fairly, lawfully and avoiding litigation. In a 2024 CIPD overview of workplace conflict resolution, 43% of UK employers reported using formal disciplinary procedures in the past year – highlighting how common such processes are in the workplace.¹ 

Whether it’s misconduct, performance issues, or a breach of policy, the way you prepare makes all the difference. A well-handled process protects both your employee and your business, and ensuring an informed and compliant outcome. 

Here’s a step-by-step guide on how to get disciplinary proceedings right. 

1. Start with a Fair and Thorough Investigation 

Before any hearing takes place, you need to carry out a full and impartial investigation. 

This is your chance to gather facts. Speak to witnesses. Review documents. Understand the context. You’re not looking to prove guilt – you’re looking to establish what has happened. 

ACAS advises that all disciplinary action must be based on a reasonable belief formed after a proper investigation. Skipping this step risks not only unfair outcomes, but legal consequences too. 

2. Prepare the Right Paperwork 

Once the investigation is complete and you confirm that there’s a case to answer, you’ll need to send a written invitation to the disciplinary hearing. This should include: 

• The time, date and location 

• Details of the alleged misconduct 

• Any evidence or documents being presented 

• The employee’s right to be accompanied 

• Possible outcomes, including dismissal if relevant 

Make sure everything is clear and reasonable – surprises have no place in a fair process. 

Aim to send this promptly after the investigation concludes. Don’t let things drag on -sticking to reasonable timeframes reduces stress and helps maintain the integrity of the process. 

3. Choose the Right People to Attend 

The hearing should be chaired by someone not involved in the investigation, ideally a manager at the appropriate level. You’ll also need someone to take notes. 

If possible, have another manager lined up to hear any appeal – again, someone uninvolved with the process so far. 

Employees have the right to be accompanied by a colleague or trade union representative. Make sure they know this in advance. 

4. Plan the Hearing with Care 

A well-run disciplinary hearing is structured, fair, and focused. Taking time to plan isn’t just best practice – it helps avoid procedural missteps and ensures the employee has a fair chance to respond. 

Here’s how to prepare effectively: 

• Set a clear agenda. Start the meeting by outlining the purpose of the hearing, the allegations being considered, and how the meeting will run. This helps set expectations and reduce confusion or anxiety. 

• Review and organise the evidence. Ensure you have all relevant documents to hand – investigation notes, witness statements, emails, or policy references. These should already have been shared with the employee in advance. 

• Prepare your questions. These should be open, neutral, and designed to gather information – not corner the employee. Focus on clarity: What happened? When? How did they respond at the time? 

• Allow for mitigation. Give the employee space to explain their side, raise concerns, or offer mitigating circumstances. This is a legal requirement² – and part of treating people fairly. 

• Decide on logistics. Make sure the room is private and interruption-free, and that a dedicated note-taker is present. If you plan to record the meeting, get written consent beforehand. 

• Support accessibility. Consider whether reasonable adjustments are needed – for example, if the employee has a disability, language barrier, or mental health concern. 

Tone matters. Keep it calm and professional. Your role is to explore the facts – not to make assumptions or express frustration. Avoid legalistic language or pre-judgement. You’re there to hear, not decide (yet). 

And remember: consistency and fairness in your approach will protect both your process and your people. 

5. Be Clear, Be Consistent, and Be Human 

At the end of the hearing, adjourn before making a decision. Reflect on everything you’ve heard and review the evidence. Then communicate the outcome together with the reason for your decision in writing, including the employee’s right to appeal. 

Consistency is key. So is compassion. The goal isn’t just to ‘follow process’ it’s to handle the situation fairly and with respect. 

Final Thought 

Preparing properly for a disciplinary hearing protects everyone involved. It shows that your organisation values fairness, follows procedure – and treats people with dignity. 

If you’re looking for expert guidance through investigations and disciplinary cases, or want to upskill your managers, at View HR we can help, get in touch today to see how we can support you and your managers.