How Much Notice for a Disciplinary Hearing?

Disciplinary procedures can be difficult to get right on account of their complex nature.

But it’s important you follow a correct and fair process throughout to avoid any claims of unfair dismissal.

This guide explains all you need to know about the process and what you should consider.

Code of practice

The Acas Code of Practice on Disciplinary and Grievance Procedures offers useful practical guidance and sets out principles for handling the situation. Although failing to follow the code isn’t unlawful, a tribunal will take this into account when ruling on relevant cases.

You should refer to the code during procedures as it provides guidance on numerous aspects of the process. This includes how to conduct an investigation and the appropriate notice of disciplinary hearing procedure required when holding a hearing.

You can also read our advice on common disciplinary mistakes to ensure you follow the right procedures in the build-up to any legal action with an employee.

Notice to attend a disciplinary hearing

The code states that once a full investigation is complete an employee should, without unreasonable delay, receive an invitation to a disciplinary hearing. While you may choose to inform staff verbally, the code requires formal invitation submission in writing.

This is part of a good record keeping process. Employees must receive a reasonable amount of disciplinary notice when it comes to inviting them to a hearing. But there’s no further official explanation on what’s reasonable.

The amount of notice will depend on a number of factors including the amount of evidence collected during the interview process. The employee will need sufficient time to review this evidence and prepare their case before the hearing takes place.

The disciplinary hearing notice period should also offer an employee the chance to have a colleague or trade union representative present with them. This is a right they have under the code of practice.

Keep in mind that this may take several days to arrange. Although this depends on the location and availability of the individual an employee wishes to involve. As a result, you should allow enough time for your employee to complete the process.

Failure to do so could lead to claims you’re preventing the employee from exercising their statutory right.

Rescheduling

If the employee, or their chosen representative, is unable to attend the meeting on the agreed date, they can suggest an alternative time to reschedule the hearing. The code dictates this alternative date is reasonable.

This prevents the employee from deliberately trying to delay the hearing. As such, the law allows employees to postpone the hearing for up to five working days from the date of the original hearing.

When faced with the prospect of a disciplinary hearing, you may understandably want to get it over with as fast as possible. However, it’s important you resist the temptation to fast-track the proceedings.

This ensures employees receive a fair and reasonable disciplinary hearing notice period before it takes place.

FAQs: How much notice for a disciplinary hearing?

When should I start a formal disciplinary procedure?

Firstly, try to resolve issues privately. If it can’t be sorted, then begin the formal disciplinary procedure.

What are the fundamental principles of a fair disciplinary process?

An investigation must be conducted to find the facts and the employee must be informed in writing of the allegations, as well as supporting evidence. When there’s a hearing, the employee must have an opportunity to present their case, and they’re allowed to be accompanied, and are allowed to appeal any decision made.

Should the same person investigate the issue and conduct the disciplinary hearing?

Where possible, different people should carry out the investigation and hearing for objectivity.

What needs to be included in the written notice?

A notification letter should include the specific alleged misconduct or performance issue, a copy of written evidence, the date, time, and location of the hearing, information covering their right to be accompanied, and the possible outcomes.

What if the employee’s companion is unavailable for the scheduled date?

If the employee’s chosen companion is unavailable, the employee has a statutory right to suggest a new date.

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