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What to do if you're facing a disciplinary at work

Man at a desk with his boss looking despondentIf you've been told you're facing a disciplinary hearing at work, it's completely normal to feel anxious, overwhelmed or even a little confused about what to do next. As experienced employment law solicitors in Ebbw Vale, we regularly support employees across Wales who find themselves in exactly this situation.

The most important thing to remember is that you do have rights, your employer must follow a fair process, and there are clear steps you can take to protect yourself from the outset.

Below, we'll walk you through the disciplinary process in the UK, explain what your employer can and cannot do, and set out practical steps to help you prepare.

Understanding why you're being disciplined

A disciplinary process can be triggered for a number of reasons. Sometimes it relates to performance concerns, such as not meeting workplace targets. Other times it may involve allegations of misconduct - for example, lateness, breach of company policies, inappropriate behaviour or alleged dishonesty. Whatever the issue, your employer should outline the concerns clearly in writing, explaining what the allegations are and why they are being investigated.

If the allegations feel vague, unclear or exaggerated, you are entitled to ask for clarification. A fair disciplinary process must start with you being told exactly what you're accused of, so that you have a proper opportunity to respond.

Your legal rights during a disciplinary process

Employment law in the UK - including Wales - provides employees with important protections. Every employer is expected to follow the ACAS Code of Practice, which acts as the framework for fair disciplinary procedures.

Some of your key rights include being told the allegations in writing, being given enough time to prepare for a hearing, and having the right to be accompanied. You also have the right to appeal the outcome if you believe the decision is unfair.

Even though the ACAS Code is technically guidance, Employment Tribunals take it very seriously. If an employer ignores it or rushes the process, they could face financial penalties later if the matter ends up in a claim.

Read: What is the difference between courts and tribunals?

What to expect during the disciplinary process

Before a formal hearing takes place, your employer may begin with an investigation. This might involve interviewing colleagues, reviewing records, checking CCTV, or going through emails and other documents. You might also be interviewed as part of this process. You should always be given the chance to put forward your version of events during the investigation stage.

If the employer decides there is enough evidence to move to a formal hearing, they must invite you in writing. This letter should explain what the meeting is about, what evidence they will be relying on, and what the possible outcomes could be. It should also tell you when and where the hearing will take place and remind you of your right to bring someone with you.

Who you can bring with you

You are legally entitled to be accompanied by either a trade union representative or a workplace colleague. Even if you are not in a union, you may still choose to have a colleague present to take notes or simply to provide emotional support. Some employers may allow a solicitor to attend, but they are not legally required to do so. If this is something you feel would help, you can always request it - the worst they can do is say no.

Preparing for the hearing

This is one of the most important stages. A disciplinary is not something you should walk into unprepared. Go through the evidence carefully. Think about whether anything is missing, taken out of context or factually incorrect. Gather anything that supports your position - emails, messages, policies, witness accounts, or examples of how similar situations were handled in the past.

It can also help to write down the key points you want to raise during the hearing. When you're under pressure, it's easy to forget things, so having notes to refer back to can make a real difference. Try to remain calm and professional throughout; emotional responses are understandable, but you want to present your case clearly and confidently.

The different outcomes a disciplinary can lead to

A disciplinary hearing doesn't automatically mean the worst-case scenario. Many cases close with no action being taken, or with informal guidance instead of sanctions. If your employer believes the issue is more serious, they might issue a warning - either verbal or written. The most serious cases, such as gross misconduct, could lead to dismissal, but the employer must be able to justify this and show that the process has been fair, transparent and reasonable.

If the outcome seems overly harsh or you believe important evidence was ignored, this is exactly what the appeal process is for.

How to appeal a decision

You should always be told how to appeal in your outcome letter. The appeal usually needs to be made within a specific timeframe, often ten days. In your appeal, explain clearly why you think the decision is wrong - whether the employer failed to consider key evidence, didn't follow procedure, or reached an outcome that simply doesn't reflect what happened.

Appeals are normally heard by someone who wasn't involved in the original decision. This helps to ensure fairness and gives you a fresh opportunity to present your case.

Read: Your rights and options regarding employment disputes

When you should seek legal advice

Some disciplinary matters are straightforward. Others carry significant risk, especially if your job, your reputation or your future career prospects are on the line. Situations involving allegations of dishonesty, safeguarding issues, discrimination or potential gross misconduct should be taken extremely seriously.

Having a solicitor review the evidence, advise you on your position and help you prepare can give you far more confidence and ensure you are properly protected. We regularly assist employees across Wales and further afield with disciplinary investigations and hearings, and even a short consultation can make a meaningful difference to the outcome.

You're entitled to challenge

Facing a disciplinary at work is undeniably stressful, but you don't have to deal with it alone. Your employer must follow a fair and lawful process, and you have clear rights throughout. If anything feels rushed, unclear or unfair, you're entitled to challenge it and seek support - whether from a colleague, a union, or an employment law specialist.

Handled properly, a disciplinary does not have to define your future at work, and many employees come out of the process with their position fully protected.

If you're unsure about any aspect of what you're facing, we're here to help.