Disciplinary hearing


A. Refer the employer to the Acas Code of Practice on Disciplinary and Grievance Procedures. This says written notification of a disciplinary case to answer should have enough information to enable the employee to undertake preparation to answer the case against them, and that it is normally appropriate to provide copies of witness statements with the notification. 


Although breaching the Code doesn’t in itself give rise to proceedings, an employment tribunal will take into account the extent to which an employer has complied with the Code, and can increase any award by up to 25% for unreasonable failure to comply.


You can also refer to the Acas guidance, Discipline and grievances at work. This confirms that employers should ensure all relevant facts are available and that “copies of any … witness statements should be made available to the employee in advance” of a disciplinary meeting. You could also make a data subject access request for the member (see below), in accordance with the Data Protection Act 1998.

www.acas.org.uk/media/pdf/f/m/Acas-Code-of-Practice-1-on-disciplinary-and-grievance-procedures.pdf

www.acas.org.uk/media/pdf/d/r/Discipline-and-grievances-Acas-guide.PDF