How to Conduct a Disciplinary Hearing: A Step-by-Step Flowchart for Managers

Chairing a disciplinary hearing is one of the most uncomfortable things a manager is asked to do, and for many it is something they do only once or twice a year. That is exactly why things get missed.

When I review disciplinary cases that have gone wrong, the problem is rarely the decision itself. It is the process: an employee who was not told they could bring a colleague, evidence that was not shared in advance, or an outcome announced before the employee had a chance to respond. Those gaps can make a fair decision look unfair.

This guide walks through how to conduct a disciplinary hearing step by step. The free flowchart below sets out the same process so you can keep it in front of you on the day.

Before the hearing

A fair hearing starts well before anyone sits down. Before the meeting:

• Investigate first. Establish the facts before deciding whether a formal hearing is needed. Where possible, the investigator and the person chairing the hearing should be different people.
• Write to the employee. The invite letter should explain the allegations, the possible consequences, and the date, time and place of the hearing.
• Share the evidence. Send copies of witness statements and any other documents you will rely on, with enough time for the employee to prepare.
• Explain the right to be accompanied. Employees have a legal right to bring a work colleague or trade union representative to a disciplinary hearing.
• Arrange a note-taker so the chair can focus on listening.

Step-by-step: running the disciplinary hearing

1. Open the meeting

Introduce everyone and explain why they are there. Confirm who is taking notes, ask for phones to be switched off, and check that the employee has received the invite letter, witness statements and other documents.

2. Confirm the right to be accompanied

If the employee is accompanied, confirm who the companion is and explain their role. The companion can put the employee's case, sum it up and confer with them, but cannot answer questions on their behalf.

If the employee has come alone, confirm that they know they had the right to be accompanied and have chosen not to be.

3. Explain the purpose of the meeting

Make clear that the purpose is to consider whether disciplinary action should be taken in line with your disciplinary procedure. No decision has been made yet, and you should say so.

4. Set out the case

State exactly what the complaint is and go through the evidence. Call any supporting witnesses and allow questions.

5. Hear the employee's side

Give the employee a full opportunity to respond: to set out their case, answer questions, challenge the evidence and call relevant witnesses. Listen carefully. This is the part of the hearing that matters most.

6. Consider mitigating circumstances

Ask whether there are any mitigating circumstances, such as health problems, personal difficulties or a previously clean record, and give them genuine consideration.

7. Summarise and adjourn

Summarise the main points, invite the employee to add anything important, then adjourn to consider everything that has been said. Never announce the outcome without taking time to reflect.

If new matters have come up that need further investigation, extend the adjournment. Tell the employee when the hearing will reconvene, which may be on another day.

8. Reconvene and close

When you reconvene, summarise the discussion. If you can give the outcome, do so; if not, tell the employee when they will receive it. Either way, confirm the outcome in writing and explain the right of appeal.

The Acas Code of Practice

The Acas Code of Practice on disciplinary and grievance procedures sets out the minimum standard of fairness employment tribunals expect. If an employer unreasonably fails to follow it, a tribunal can increase any compensation awarded by up to 25%.

With the qualifying period for unfair dismissal claims falling from two years to six months on 1 January 2027, far more employees will be able to challenge a dismissal. A consistent, well-documented process has never been more important.

Disciplinary hearing checklist for managers

The final page of the flowchart includes a prompt panel to check before and during the hearing:

• invite sent
• evidence shared
• right to be accompanied confirmed
• phones turned off
• remain impartial
• consider mitigation
• explain appeal rights
• give a timeframe for the written outcome

Download the flowchart

The free three-page PDF takes the person chairing the hearing through every stage in order, from opening the meeting to explaining the right of appeal. It supports your own disciplinary procedure rather than replacing it.

Not every issue needs a formal hearing. Many conduct and performance concerns are better resolved earlier with an honest conversation, and my guide to handling difficult conversations explains how.

Support with a disciplinary case

If you are facing a disciplinary matter and want to be sure you are handling it fairly, I can support you through the investigation, the hearing and the outcome. Book a free 30-minute consultation, and please keep confidential employee details out of your first message.