Invited to a disciplinary? Your rights, step by step

What a fair process looks like

Your employer should follow its own disciplinary policy and the Acas Code of Practice. Tribunals take the Code into account, and can increase compensation by up to 25% if an employer unreasonably ignores it.

1. An investigation into what happened, before any hearing. You may be asked to an investigation meeting to give your account.
2. A letter inviting you to a disciplinary hearing, saying what the allegations are and what could happen, with copies of the evidence.
3. A hearing where you can answer the allegations, put your side and explain anything you'd like taken into account.
4. A decision in writing, with the reasons.
5. The chance to appeal, ideally to someone who hasn't been involved.

Suspension

Your employer can suspend you while it investigates, but it should only do so when it's needed, for example to protect evidence or people. Suspension isn't a punishment and it doesn't mean anything has been decided. You should normally be paid as usual, and the suspension should be as short as possible and reviewed.

Bringing someone with you

You have a legal right to bring a colleague or a trade union representative to a disciplinary hearing and to an appeal. They can put your case, sum it up, respond for you and talk to you privately during the meeting, but they can't answer questions for you.

If the person you'd like can't make the date, you can suggest another time within 5 working days, and your employer should move the hearing.

There's no legal right to be accompanied at an investigation meeting, but many employers allow it. Ask.

Getting ready for the hearing

• Read the allegations and the evidence carefully. If you haven't been sent the evidence, ask for it.
• Write down your side of what happened, with dates, and anything that explains it, such as workload, health or what you were told to do.
• Ask for any witnesses or documents you think are important to be considered.
• If you need adjustments, such as more breaks, a different room or a video meeting, ask. If you're unwell, tell your employer and ask to rearrange.
• Think about mitigation: your record, length of service, anything going on at the time.

Possible outcomes

No action, a first written warning, a final written warning, or dismissal. Dismissal without notice is only for gross misconduct, and the invitation should have said gross misconduct was alleged. A warning should say how long it stays on your file and what's expected of you.

From 1 January 2027, the right to claim ordinary unfair dismissal starts after 6 months' service, not 2 years, and the cap on compensation is removed. Some dismissals, such as for whistleblowing or because of discrimination, are unlawful from day one.

Appealing

If you disagree with the outcome, appeal in writing by the deadline in the letter, saying why: for example, the process was unfair, the finding was wrong, the outcome was too harsh, or there's new evidence. An appeal can't lead to a harsher outcome.

If you're dismissed and think it was unfair, tribunal claims about events on or after 1 October 2026 must be started within 6 months, and you have to contact Acas for early conciliation first.