This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Detailed guide to termination and disciplinary hearing requirements in England and Wales. Explains fair procedures, disciplinary investigations, statutory rights to be accompanied, appeals, and how employment tribunals assess procedural fairness.
Termination of employment and disciplinary hearings are two core areas where procedural fairness is legally significant in the workplace. Employers must follow fair processes when considering disciplinary action that might lead to dismissal, and they must handle termination consistently with statutory and contractual rights. Failure to observe required processes can expose employers to unfair dismissal, wrongful dismissal, or other tribunal claims. This article explains the law and best practice for disciplinary hearings and termination, the steps employers should take, the rights employees have, and how tribunals assess procedural compliance in England and Wales.
Legal Framework: Fair Procedure and the Acas Code
There is no single statute that prescribes exactly how disciplinary procedures must be conducted, but courts and tribunals expect employers to follow a fair and reasonable process when taking disciplinary or termination decisions. The Acas Code of Practice on Disciplinary and Grievance Procedures is the recognised benchmark for fair process. Tribunals must take the Code into account when considering unfair dismissal and related claims, and compensation may be increased by up to 25 % if an employer unreasonably fails to follow it.
The principles of fairness include:
- acting promptly and avoiding unreasonable delays,
- investigating allegations thoroughly,
- informing the employee of the case against them,
- giving employees a chance to respond,
- allowing representation at meetings, and
- offering a right of appeal.
Disciplinary Hearing Requirements
Investigation Before Hearing
Before convening a disciplinary hearing, an employer should carry out an impartial investigation into the matter. The purpose of the investigation is to establish the facts and gather relevant evidence, not to determine guilt. This can include reviewing documents, interviewing witnesses and collecting statements.
Invitation and Notice of Hearing
Once there are reasonable grounds for disciplinary action, the employer should invite the employee to a hearing in writing. That letter should include:
- the alleged misconduct or performance concerns;
- any evidence to be considered;
- the date, time and location of the hearing;
- the possible disciplinary outcomes;
- and information on the employee's statutory right to be accompanied.
Providing this information in sufficient time allows the employee to prepare and respond appropriately at the hearing.
The Hearing Meeting
A disciplinary hearing is a formal meeting where the employer explains the case against the employee and the employee can respond. At the hearing, the employer should:
- explain the allegations and evidence clearly,
- give the employee the opportunity to present their case,
- allow discussion of points and questions, and
- consider any new evidence that may arise, rearranging or adjourning the hearing if necessary.
Right to Be Accompanied
Under section 10 of the Employment Relations Act 1999, employees have the right to be accompanied at disciplinary (and grievance) hearings by a single companion of their choice. This can be a colleague, trade union representative, or trade union official. The companion is entitled to address the hearing to put and sum up the employee's case and to confer with the employee.
Record Keeping
Employers should keep written records of the hearing, including the evidence considered and the discussion held, as these records are often critical in tribunal proceedings if the fairness of the process is challenged.
Post‑Hearing Decision and Communication
After the hearing, the employer should consider all the evidence carefully before deciding. The outcome and reasons must be communicated to the employee in writing without unreasonable delay, including details of any disciplinary sanction and the right to appeal.
Appeal Process
Employees should be offered an opportunity to appeal a disciplinary decision. The appeal should be heard impartially, ideally by someone not previously involved in the case, and the employee has a right to be accompanied at appeal hearings.
Termination Requirements
Fair Reason for Termination
A dismissal can be fair or unfair depending on the reason and the process followed. Fair reasons include misconduct, capability, redundancy, or a statutory restriction. Where fairness is contested, tribunals examine both the substantive reason for dismissal and the procedural fairness demonstrated by the employer. Failure to follow a fair procedure may render a dismissal unfair even if the underlying reason was valid.
Notice and Written Reasons
Employers should provide a written explanation of the reasons for dismissal, ideally at the point of termination or upon request where statutory rights apply. Communicating termination in writing clarifies the contract end date, notice entitlement and provides evidence of compliance or non‑compliance in tribunal disputes.
Suspension and Investigation
In some disciplinary cases, particularly where gross misconduct is alleged, employers may suspend employees on full pay while an investigation is conducted. Suspension should be used sparingly and reviewed regularly, and suspension itself must not be treated as disciplinary action.
Misconduct vs Gross Misconduct
The employer's disciplinary policy should differentiate between misconduct, poor performance and gross misconduct. Gross misconduct may justify dismissal without notice, but only after a proper investigation and hearing. Dismissals for gross misconduct without a fair procedure are still subject to challenge in tribunal.
Consequences of Procedural Failures
Tribunal Considerations
If an employee brings a claim for unfair dismissal, tribunals assess whether the employer's procedure was fair. A tribunal will consider whether the employer's conduct fell within a range of reasonable responses based on the circumstances. Significant procedural defects - such as failure to investigate, inadequate notice of hearing, denial of accompaniment rights, or lack of an appeal - weigh in favour of the claimant.
Compensation Adjustment
If an employer unreasonably fails to follow the Acas Code and a dismissal is found to be unfair, a tribunal may increase compensation by up to 25 %. Conversely, an employee unreasonably failing to follow procedure could reduce compensation by up to 25 %.
Practical Guidance for Employers
- Establish and publish clear disciplinary and dismissal procedures that reflect applicable law and the Acas Code standards.
- Train managers to handle hearings, investigations and appeals fairly and consistently.
- Provide sufficient notice and written information before hearings and dismissals.
- Offer employees the statutory right to be accompanied and respect that right at every formal meeting.
- Keep thorough written records of investigations, hearings and decisions to support compliance and provide evidence if challenged.
Practical Guidance for Employees
- Attend hearings where possible and prepare your response based on the written allegations and evidence.
- Inform your employer in writing if you cannot attend a hearing and request a rearrangement.
- Take a companion at meetings wherever you have the statutory right.
- Appeal decisions if you believe the outcome was unjust or the procedure was unfair.
Common Questions
Do employers have to follow the Acas Code?
The Acas Code is not statutory law but is treated as the minimum standard for fairness in disciplinary and dismissal procedures. Tribunals take the Code into account, and failing to follow it can affect compensation awards.
Can an employer dismiss without a hearing?
An employer should not take disciplinary action, including dismissal, without first holding a fair hearing where the employee can respond to allegations. Failure to do so can lead to an unfair dismissal finding.
What happens if I don't attend my hearing?
Employees are not legally obliged to attend but refusal without good reason may weaken their position and could lead to decisions being taken based on the evidence available.
Key Takeaways
Termination and disciplinary hearings in England and Wales must be conducted fairly, with reasonable notice, proper investigation and an opportunity for the employee to respond and be accompanied. Employers should follow procedures aligned with the Acas Code and their own policies to mitigate the risk of tribunal claims. Procedural fairness not only supports sound decision‑making but is also critical in defending unfair dismissal or related claims. Clear communication, thorough documentation and adherence to statutory rights protect both employers and employees in contentious situations.
