Can an Employee Be Dismissed at a Disciplinary Hearing? What Employers Need to Know

Can an Employee Be Dismissed at a Disciplinary Hearing? Yes, an employee can be dismissed following a disciplinary hearing. But that does not mean an employer can walk into the meeting with the dismissal already decided. That distinction is important. A disciplinary hearing is there to give the employee a proper opportunity to respond to the allegations against them before the employer reaches a decision. The employer should consider the evidence, listen to the employee’s explanation and take account of anything else that may be relevant. Only then should a decision be made about whether disciplinary action is appropriate and, if so, what that action should be.  For employers, this can sometimes feel frustrating. You may already have strong evidence that an employee has acted improperly, particularly in a serious misconduct case. Even then, rushing through the process can create unnecessary legal risk. Acas guidance confirms that employers should follow a fair procedure when dealing with disciplinary matters, and dismissal should generally be a last resort except where the circumstances are sufficiently serious. Does a Disciplinary Hearing Mean Dismissal Is Likely? Not necessarily. Being invited to a disciplinary hearing means there is a formal concern that the employer needs to consider. It does not automatically mean that the employee will be dismissed. The possible outcome will depend on what the investigation has established, what the employee says at the hearing and the seriousness of the matter. An employee might receive a warning. The employer might decide that no further action is necessary. There may also be a need for additional training, support or another form of intervention. The disciplinary processes can result in different outcomes depending on the circumstances, rather than every case leading to a formal sanction. For an employer, it is therefore better to approach the hearing with an open mind. If the outcome has already been decided, the hearing risks becoming little more than a formality. When Can an Employer Dismiss an Employee Following a Disciplinary Hearing? Dismissal can be appropriate where there is a potentially fair reason and the employer has followed a fair procedure. Conduct is one of the potentially fair reasons for dismissal under UK employment law. The seriousness of the conduct will be relevant when deciding whether dismissal is a reasonable response. For example, dismissal may be considered where an employee has committed serious misconduct, repeatedly breached workplace rules or committed gross misconduct. That does not mean every breach of a workplace rule should lead to dismissal. The employer should consider the circumstances of the individual case and whether the proposed sanction is proportionate. For less serious misconduct, a warning may be more appropriate. For particularly serious conduct, dismissal may be justified even where there have been no previous warnings. What Is Gross Misconduct? Gross misconduct describes conduct that is sufficiently serious, or has sufficiently serious consequences, that dismissal without notice may be justified. Examples can include: theft or fraud physical violence serious dishonesty gross negligence serious insubordination serious breaches of health and safety requirements The exact examples will depend on the employer and should normally be set out in its disciplinary rules. However, there is an important point for employers to remember. Gross misconduct does not mean automatic dismissal. Even where the alleged conduct appears very serious, the employer should investigate the circumstances and give the employee an opportunity to respond before making the decision. Acas’s current guidance specifically states that a fair disciplinary process should be followed before deciding to dismiss for gross misconduct.  There may be information that changes the picture considerably once the employee has had the chance to explain what happened. Does an Employee Have to Receive a Warning Before Dismissal? No, not in every case. For ordinary misconduct, employers will often follow a staged process. This might begin with a first written warning, followed by a final written warning if the problem continues, and ultimately dismissal if there is no sufficient improvement. But there is no universal rule requiring an employer to issue a particular number of warnings in every situation. The seriousness of the conduct matters. A sufficiently serious incident may justify a final written warning or, in a gross misconduct case, dismissal following a fair disciplinary process. GOV.UK guidance recognises that serious misconduct may justify a first and final warning, while gross misconduct can potentially result in dismissal following a fair procedure. The employer should also check its own disciplinary policy. If the policy sets out a particular procedure, departing from it without good reason can create additional problems. What Should Happen Before the Disciplinary Hearing? The disciplinary hearing should normally follow an investigation. The investigation is where the employer establishes the facts as far as reasonably possible. This could involve reviewing documents, speaking to witnesses, checking records or asking the employee questions. The purpose is not simply to prove that the employee is guilty. Relevant evidence that supports the employee’s explanation should also be considered. Once the employer decides that a formal disciplinary hearing is appropriate, the employee should be told about the allegations in writing and given enough information and time to prepare. Acas guidance recommends putting the allegations and potential consequences in writing before the hearing. If dismissal is a possible outcome, the employee should know that before attending the hearing. What Happens at the Disciplinary Hearing? The hearing should give the employer and employee an opportunity to discuss the allegations properly. The employer will usually explain the concerns and refer to the evidence gathered during the investigation. The employee can then respond. They may disagree with the allegation completely. They may accept part of what happened but provide an explanation. They may introduce new evidence or identify information that was not considered during the investigation. The person conducting the hearing should listen to the response and ask appropriate questions. If something significant comes to light, it may be necessary to pause the hearing and carry out further investigation. That can be inconvenient, particularly for a busy employer. It may still be the right thing to do. A fair disciplinary process is more important than finishing the meeting quickly. Can the Employee Be Accompanied? In qualifying disciplinary hearings, an employee generally has a statutory right to be accompanied by a workplace colleague or trade union representative. The companion can play an active role within the limits of the statutory right. They can put forward the employee’s case, sum up the case and respond to views expressed during the hearing. They cannot normally answer questions on the employee’s behalf. Employers should also check their own disciplinary policy because it may provide broader rights to accompaniment. If an employee makes a reasonable request to be accompanied, employers should deal with that request in accordance with the applicable legal requirements. Can an Employer Dismiss Someone During the Hearing? It is possible for an employer to communicate a decision at the end of a disciplinary hearing, but there is no requirement to decide immediately. In a complicated case, it may be better to adjourn the hearing and consider everything that has been said. That can include reviewing documents again, considering the employee’s explanation and checking how similar cases have been dealt with previously. The important thing is that the decision should not be predetermined. The person making the decision should have appropriate authority and that the employee should be told the reasons for dismissal, the termination date, notice arrangements and right of appeal where dismissal is decided.  What Should an Employer Consider Before Dismissal? There is no single checklist that will determine whether dismissal is appropriate in every case. The employer should consider the circumstances as a whole. This may include: The evidence What has the investigation actually established? Is there reliable evidence supporting the allegation? The employee’s explanation Has the employee provided an explanation that changes the understanding of what happened? The seriousness of the conduct A minor breach and deliberate serious misconduct should not automatically be treated in the same way. Previous disciplinary history Where relevant, the employee’s previous warnings and conduct may be taken into account. Mitigating circumstances There may be personal, medical, training or other circumstances that should be considered before deciding on a sanction. Consistency The employer should consider whether similar cases have been handled in a similar way. That does not mean every case must have exactly the same outcome, but unexplained inconsistencies can create questions about fairness. The employer’s disciplinary policy The employer should check its own procedures and make sure the process has been followed appropriately. What If the Employee Has Less Than Two Years’ Service? This is an area where employers should be particularly cautious. It is true that the ordinary unfair dismissal qualifying period has historically been two years. However, not all employment claims require two years’ service. Employees can potentially bring certain automatically unfair dismissal claims without the usual qualifying period. Discrimination claims can also arise regardless of length of service. There is another important change coming. Under the Employment Rights Act 2025 reforms, the qualifying period for ordinary unfair dismissal is due to reduce from two years to six months from 1 January 2027. For employers, this makes it even more important to avoid the assumption that an employee with relatively short service can simply be dismissed without proper consideration of the process. What Happens If the Employer Decides to Dismiss? If dismissal is the outcome, the employee should be informed of the decision and the reasons for it. The employer should confirm the decision in writing and explain: the reason for dismissal the effective date of termination the notice period or whether dismissal is without notice any relevant payments the employee’s right to appeal The employee should not have to guess what the outcome means or how they can challenge it. Can an Employee Appeal a Disciplinary Dismissal? Yes. An appeal gives the employee an opportunity to challenge the disciplinary decision. They may argue that the investigation was inadequate, important evidence was overlooked, the procedure was not followed properly or the sanction was too severe. New evidence may also be relevant. Where possible, the appeal should be handled by someone who was not involved in the original decision. For employers, an appeal should be treated as a genuine review rather than a final administrative step. If a mistake was made earlier, the appeal stage can provide an opportunity to correct it. What Are the Risks of Getting a Disciplinary Dismissal Wrong? A disciplinary dismissal can lead to an Employment Tribunal claim if the employee believes the dismissal was unfair and the relevant legal requirements are met. There may also be other claims depending on the circumstances, including discrimination, whistleblowing or breach of contract. The employer’s procedure can therefore matter just as much as the underlying allegation. The employers should follow a fair procedure and that failure to follow the applicable Code can be taken into account by an Employment Tribunal. In relevant cases, an unreasonable failure to follow the Code can lead to an adjustment of up to 25% to an award.  This is why keeping proper records throughout the investigation and disciplinary process is so important. Should an Employer Get Legal Advice Before Dismissing an Employee? There is no requirement for an employer to instruct a solicitor every time it wants to take disciplinary action. But where dismissal is a realistic possibility, professional advice can be extremely useful. This is particularly true where the case involves: alleged gross misconduct discrimination allegations whistleblowing a senior employee a disabled employee or long-term health condition a previous grievance contractual disputes complicated evidence a potential Employment Tribunal claim An employment solicitor can review the proposed process, identify potential problems and advise on the appropriate course of action before the final decision is made. How KLG Law Can Help Employers At KLG Law, we understand that disciplinary situations rarely fit neatly into a template. Our employment solicitors advise employers on investigations, disciplinary hearings, warnings, dismissal decisions and appeals. We can help you understand the legal position, assess the evidence and decide how best to approach the situation. Where dismissal is being considered, we can also advise on the potential Employment Tribunal risks and whether another outcome may be more appropriate. The earlier you obtain advice, the more opportunity you have to deal with a problem properly. Final Thoughts An employee can be dismissed following a disciplinary hearing, but dismissal should not be treated as an automatic consequence of the hearing itself. The employer needs to investigate the allegations, give the employee a fair opportunity to respond and genuinely consider the evidence before reaching a decision. In serious cases, dismissal may be entirely appropriate. In others, a warning or another form of action may be more reasonable. The key is not simply reaching the decision. It is being able to demonstrate that the decision was reached fairly.  If you are an employer considering disciplinary action that could lead to dismissal, taking employment law advice before the hearing can help you understand the risks and approach the process with greater confidence.