Definition
A formal meeting held as part of the disciplinary process in which an employer presents the case against an employee and gives the employee an opportunity to respond before a decision is made. The hearing is a critical step in ensuring procedural fairness.
UK Context
The ACAS Code of Practice on Disciplinary and Grievance Procedures requires employers to hold a hearing before taking any disciplinary action. The employee has a statutory right to be accompanied by a trade union representative or colleague under the Employment Relations Act 1999. Failure to hold a proper hearing can render a dismissal procedurally unfair.
Best Practices
- Provide the employee with written notice of the hearing, the allegations, and any evidence at least five working days in advance
- Ensure the hearing is chaired by someone who was not involved in the investigation
- Allow the employee to state their case, call witnesses, and ask questions before any decision is made
Frequently Asked Questions
Can an employee bring a legal representative to a disciplinary hearing?
Under the statutory right to be accompanied, employees can bring a trade union representative or a work colleague. There is no general statutory right to be accompanied by a solicitor, though some employers grant this in particularly serious cases or where the employee's contract provides for it.
What happens if an employee cannot attend the hearing?
The employer should make reasonable efforts to rearrange. If the employee's chosen companion is unavailable, the hearing should be postponed for up to five working days. If the employee repeatedly fails to attend without good reason, the employer may proceed in their absence, though this should be a last resort.