MAKE YOUR FREE Invitation Letter to a Disciplinary Hearing for Misconduct

This Invitation Letter to a Disciplinary Hearing for Misconduct template covers:

• which misconduct allegations the hearing will cover

• details about the disciplinary hearing

• procedural arrangements for the disciplinary hearing

• dealing with additional documents, evidence and witnesses which may be used to inform the hearing

• who will be present at the hearing

• the employee's right to have a companion present at the hearing

• potential sanctions that may be imposed if it’s decided that misconduct has occurred (eg disciplinary warnings)

Employers must adhere to employment laws when disciplining an employee for misconduct, in order to protect employees’ employment rights and to avoid potential legal disputes. Using an Invitation Letter to a Disciplinary Hearing for Misconduct helps ensure compliance with employment laws and the Acas Code of Practice on disciplinary and grievance procedures. It also helps prevent the employee from potentially claiming unfair dismissal.

Misconduct refers to any inappropriate or unacceptable behaviour displayed by an employee. Determining whether an action constitutes misconduct depends on the specific circumstances of a situation, as there is no predetermined list of what behaviour amounts to misconduct. However, instances of misconduct could involve persistent tardiness or unauthorised absences from work.

Gross misconduct refers to extreme or abnormal actions or behaviours exhibited by an employee, which are deemed so severe that the employer cannot continue to employ them. Such behaviour is considered to be a serious breach of the employment contract and undermines the mutual trust and confidence between the employee and their employer.

For more information, read Disciplinary process and Summary dismissal and gross misconduct.

Make sure that you include enough information about the allegations against the employee to allow them to fully understand what they are accused of. If the alleged behaviour breaches a specific rule in their Employment contract or your business’ Employee handbook, specify this in your Letter. 

The Invitation Letter to a Disciplinary Hearing for Misconduct should also give details of the time and venue of the disciplinary meeting and should advise the employee of their right to be accompanied at the meeting.

Before the hearing takes place, you should communicate to the employee (either in the Letter or otherwise): 

• what evidence has been uncovered during the investigation to support the allegations of misconduct

• any other information that may be discussed during the hearing

You should also ensure that all the correct arrangements are in place, as set out in your business' Grievance procedure and/or Disciplinary policy. 

For more information, read How to run a disciplinary hearing.

If you are considering dismissing an employee due to the alleged misconduct in question, this must be stated in advance in your Invitation Letter to a Disciplinary Hearing for Misconduct. Otherwise, a dismissal may be considered automatically unfair (see the FAQ ‘What is unfair dismissal?’ for more information). 

Note that employees can normally only be dismissed for a first disciplinary offence if the misconduct amounts to gross misconduct.

During the hearing, the employer should:

• set out the misconduct allegations in full

• explain and run through all of the evidence collected 

• allow the employee a reasonable opportunity to present any evidence and a defence

• allow the employee to call witnesses

• ensure that notes are taken

• let the employee ask questions, answer to the allegations made and respond to any witnesses

Read How to run a disciplinary hearing and the Acas guidance on disciplinary procedure for further information.

A senior member of staff or a manager will normally chair the meeting and make decisions about the outcomes (eg regarding any disciplinary sanctions). This should be someone who was not involved in the allegations, unless this is impossible due to the size of your organisation. It is not essential that the person chairing the meeting be a senior member of staff, but it is recommended.

Employees must have a reasonable opportunity to call witnesses to the hearing and the opportunity to make points to the meeting about witness evidence.

If possible, it can be useful to have an HR person present to ensure that the right process is followed. You should also have someone present to take minutes of what happens at the meeting.

The employee also has the right to be accompanied to their hearing. Employees may choose to bring a ‘companion’ to support them, who can be either:

• a work colleague

• a trade union representative who is certified or trained to act as a companion, or

• an official employed by a trade union. 

Employers may allow other companions, such as lawyers or spouses, at their discretion.

The employee must be given a reasonable opportunity to appeal the decision. This right would usually be set out in the business's grievance and disciplinary policy. It should also be explained at the hearing and in the written decision that the employee receives. You can communicate the outcome of your hearing using a Disciplinary outcome letter for misconduct. 

If an employee wants to appeal, they must do so in writing, stating their grounds for appealing. If the employee appeals correctly, you must usually arrange an appeal hearing. You can use a Letter inviting an employee to an appeal hearing for misconduct. Read Disciplinary appeals for more information.

If you dismiss an employee after their disciplinary hearing, the employee may be able to bring a legal claim against you to uphold their right not to be unfairly dismissed under the Employment Rights Act 1996. Note that some eligibility criteria apply to this right.

Unfair dismissal could be argued if, during the disciplinary process, you: 

• did not follow the correct procedures for the disciplinary investigation or hearing or for communications regarding these

• dismissed an employee without a valid reason

For more information, read Unfair dismissal.