Called to a disciplinary hearing? Know your rights – including the right to be accompanied

A letter inviting you to a "disciplinary hearing" can ruin your whole weekend – especially when it's full of formal English and the meeting is first thing on Monday. The good news: a disciplinary hearing has rules, and you have clear rights. If you know them and come prepared, you're in a much stronger position.

How the procedure should work

Your employer should have a disciplinary procedure in writing and make it easily available to all staff. It should include 4 steps:

1. A letter setting out the issue (for example conduct, performance or absence).
2. A meeting (the hearing) to discuss it.
3. A decision.
4. A chance to appeal.

Your employer should follow the Acas Code of Practice on disciplinary and grievance procedures. They don't have to, but if they don't and you win at an employment tribunal, you could get a larger award.

Your employer should not take disciplinary action before meeting you and discussing the problem.

The right to be accompanied

You have the right to bring someone with you to a disciplinary hearing, but you must tell your employer first. Your companion can be:

• a colleague,
• a trade union representative,
• a trade union official.

If no colleague can come and you're not in a union, you can ask to bring a family member or a Citizens Advice worker – but your employer doesn't have to agree unless your contract says so.

Your companion can: present and sum up your case, say things to support it, and talk to you during the hearing. They cannot: answer questions on your behalf. Your companion cannot be disciplined for supporting you.

If your chosen companion can't make the date, you can propose another reasonable time within 5 working days of the original date.

This right also applies to many people who aren't "employees", such as many agency workers ("workers").

What should happen at the hearing

The hearing should be held at a reasonable time and place. Your employer should:

• explain the complaint against you,
• go through the evidence,
• give you a chance to tell your side of the story.

If a significant new fact comes up, your employer may stop the hearing, look into it and rearrange the meeting. Afterwards you should get the decision in writing as soon as possible, together with your right to appeal. Outcomes include no action, a written warning, a final warning, demotion, dismissal, or another solution such as mediation.

Checklist: before the hearing

• Read the allegations and evidence carefully. If something's missing, ask for it.
• Gather your own documents: emails, rotas, messages, payslips.
• Write down your version of events, with dates.
• Tell your employer who your companion will be.
• If English is difficult for you, ask your employer in writing, in advance, whether an interpreter can attend – and keep their reply.
• Take notes during the hearing; it's also worth asking for a copy of the meeting notes.

If you've been suspended while the matter is looked into, it should normally be on pay – suspension on its own is not a punishment.

How Ask Elon will help

Ask Elon is currently in integration and testing and will be available soon. The app has a disciplinary meeting preparation feature:

• it tells you what to expect, how to prepare and what your rights are – in Polish, Romanian or English,
• it helps you understand the letter from HR in your own language,
• it gives you a ready-made "right to be accompanied" request template in English,
• if the problem comes from unfair treatment, it helps you prepare a formal grievance,
• it keeps the letter, your contract and payslips in one place, ready for the meeting.

Ask Elon is not a trade union and does not replace legal advice or representation. In serious matters – especially if you could be dismissed – contact Acas (free, confidential advice; helpline 0300 123 1100, Mon–Fri 8am–6pm), Citizens Advice or a solicitor.

Sources: gov.uk – Disciplinary procedures and action against you at work, Acas Code of Practice, as of 23 October 2026. Applies to England, Wales and Scotland – Northern Ireland has different rules.

This article in other languages: Rozmowa dyscyplinarna – Twoje prawa (Polski) Ședința disciplinară – drepturile tale (Română)