Conduct and discipline

Invitation to a disciplinary hearing letter

Sets out the allegations, encloses the evidence, warns of the possible outcome and confirms the right to be accompanied.

The investigation has found there is a case to answer. This letter is the most important one in the sequence: if it is vague about the allegation, silent about the evidence or quiet about what could happen, the whole process is unsafe.

Before it goes

  • The investigation is complete and written up.
  • You have copies of every document, statement and record the hearing will consider, to go with this letter.
  • You have decided the most serious outcome the hearing could reach, and will say so.
  • The chair is not the investigator, where the business size allows.

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [EMPLOYEE NAME] [EMPLOYEE ADDRESS] Dear [EMPLOYEE FIRST NAME], Disciplinary hearing: [DATE] Following the investigation into [THE MATTER], I am writing to invite you to a disciplinary hearing on [DATE] at [TIME] at [LOCATION]. The hearing will be chaired by [CHAIR NAME], [TITLE]. [NOTE-TAKER NAME] will take notes. [INVESTIGATOR NAME] will present the findings of the investigation. The allegation(s) to be considered are: 1. [ALLEGATION, e.g. That on [DATE] you left [SITE] at approximately [TIME] without informing your supervisor and did not return for the remainder of the shift, in breach of the attendance procedure.] 2. [ALLEGATION, if any] If upheld, the allegation(s) may be treated as [misconduct / gross misconduct]. I must tell you that the possible outcomes of the hearing include [a first written warning / a final written warning / dismissal with notice / summary dismissal without notice]. Enclosed with this letter are copies of the evidence that will be considered at the hearing: [LIST: the investigation report dated …; clock-in records for …; the statement of … dated …; the [SITE] sign-in sheet for …; our disciplinary procedure.] You have the right to be accompanied at the hearing by a work colleague or a trade union representative. Please tell me the name of your companion in advance. At the hearing you will have the opportunity to respond to the allegations, present evidence, call relevant witnesses and ask questions. If you want to call a witness or provide documents, please let me know by [DATE] so arrangements can be made. If you or your companion cannot attend on that date, tell me as soon as possible and we will rearrange it once. If you do not attend without good reason, the hearing may go ahead in your absence and a decision may be made on the evidence available. You will be told the outcome in writing, with the right of appeal. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

Allegations
Numbered, specific, dated. The hearing can only decide what this letter put to them. If a new matter turns up, it needs a new letter.
Possible outcomes
If dismissal is possible, the word must appear here. A dismissal after a letter that mentioned only a warning is unfair almost every time.
Evidence
Everything the chair will see, the employee sees, and in time to read it. Three to five working days is normal.

What the law says

  • Acas Code of Practice, paragraphs 9 to 12: notify the employee in writing of the allegation and its possible consequences, provide the evidence, give reasonable time to prepare, allow a companion.
  • Employment Relations Act 1999 s.10: the right to be accompanied at a disciplinary or grievance hearing by a colleague or trade union representative.
  • Acas Code of Practice on disciplinary and grievance procedures: a tribunal can adjust compensation by up to 25% for an unreasonable failure to follow it.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not hold the hearing on the same day as the letter, or the day after, unless the employee agrees.
  • Do not let the investigator chair. If the firm is too small to avoid it, say so in the letter and be scrupulously fair.
  • Do not withhold evidence "for the hearing". Surprise is the enemy of a fair process.

Questions people ask

How much notice do I have to give?

The Code says reasonable. Three to five working days for a straightforward matter; longer where the evidence pack is thick. The test is whether they had time to read it and find a companion.

What if their chosen companion cannot make the date?

If they propose a reasonable alternative within five working days of your date, you must postpone to it. One postponement is the norm; after that, the hearing can proceed.

Can the employee bring a solicitor?

The statutory right is to a colleague or trade union representative. You can allow a solicitor if you choose, but you do not have to, unless the outcome could end their ability to work in their profession.

The letter, with the names already in

Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.

Start free trial