What to do if…
you receive a disciplinary hearing notice
Short answer
Reply promptly to confirm you’ve received it, ask for the allegation(s) and evidence in writing, and arrange your companion (union official/rep or a colleague) before you say anything substantive.
Do not do these things
- Do not ignore the notice or “no-show” the hearing without explaining and requesting a new date.
- Do not resign in a rush “to avoid a record” — that can remove protections and options.
- Do not send a long defensive email or admit fault before you’ve seen the evidence and the procedure.
- Do not delete messages, tidy up files, or “fix” records — that can look like misconduct even if you panicked.
- Do not debate the case in work chats, group messages, or on social media.
- Do not go in alone if you can reasonably bring a companion.
What to do now
- Lock down the basics (in writing). Save the notice (PDF/screenshot). Note the date/time, who it’s with, what outcome is being considered (warning/dismissal), and any deadline to respond.
- Ask for what you need to prepare. Reply to HR/your manager requesting:
- the exact allegation(s) (what, when, where)
- the policy/rule they say was breached
- copies of the evidence they rely on (including any witness statements they’re using)
- who will attend the hearing and what procedure will be followed
Keep your reply short and neutral: you’re asking to prepare properly.
- Arrange your companion (this is a legal right in disciplinary hearings). Contact your union immediately if you have one. If not, pick a trusted colleague. Tell HR who your companion will be.
- If your companion can’t attend, request a postponement promptly. You can propose another time that’s reasonable and within five working days of the original date (this is the statutory postponement right). If you need longer than five working days, you can still ask — it may be reasonable depending on the circumstances, but it’s not automatic.
- Build a simple timeline while it’s fresh. On paper (or a private document), write:
- what happened, in order, with dates/times
- who was present
- what documents/messages exist that support your account
Keep it factual. Avoid assumptions about motives.
- Gather your own supporting documents safely. Pull together emails, rotas, training records, policies you were given, relevant messages, performance reviews, and notes of prior meetings. Do not alter anything. Avoid taking confidential personal data (customers/patients/staff) or exporting large datasets. If you need copies of documents the employer holds, ask HR to provide them.
- Ask for adjustments if you need them to participate fairly. If disability, health, language, or neurodiversity affects how you handle meetings, request reasonable adjustments now (for example: extra time, breaks, written questions, remote attendance). If you want someone present who is not your legal “companion” (for example an interpreter or support worker), ask — employers often can allow this as an adjustment or good practice, but it’s not the same as the statutory companion right.
- Keep any “this is unfair” concerns separate and calm. If the notice has clear factual errors, missing information, or feels retaliatory, raise it briefly in writing (for example: “I dispute X and request Y evidence”). Your immediate goal is time, clarity, and a fair process.
What can wait
- You do not need to decide today whether to resign, “settle,” or make a formal legal claim.
- You do not need a perfect statement right now — start with a timeline and questions for the hearing.
- You do not need to plan an appeal unless and until an outcome is issued.
Important reassurance
Getting a disciplinary notice is frightening, but it does not mean the outcome is decided. A fair process includes clear allegations, time to prepare, and the ability to be accompanied — you’re allowed to slow this down and get organised.
Scope note
This is first-steps-only guidance to stabilise the situation and prevent avoidable mistakes. Later decisions (appeals, grievances, settlement discussions) may need specialist advice based on your contract and facts.
Important note
This is general information, not legal advice. Workplace policies and contracts vary, and some roles (regulated work, safeguarding, financial services, etc.) add extra rules. If you’re unsure, keep communications brief, stay factual, and get help from your union, ACAS, or a qualified adviser.
Additional Resources
- https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-4-the-disciplinary-hearing
- https://www.acas.org.uk/sites/default/files/2024-08/discipline-and-grievances-at-work-the-acas-guide.pdf
- https://www.legislation.gov.uk/ukpga/1999/26/section/10
- https://www.citizensadvice.org.uk/work/disciplinary-meetings/disciplinary-meetings-where-to-start/
- https://www.citizensadvice.org.uk/work/disciplinary-meetings/who-can-accompany-you-to-a-disciplinary-meeting/