How much notice must I give for a disciplinary hearing?

There is no fixed statutory period, but the ACAS Code requires reasonable notice so the employee can prepare and arrange a companion. Forty-eight hours is the usual minimum, and more for a complex case or a long evidence pack. If the employee's chosen companion cannot make the date, they can propose an alternative within five working days and you should agree to it where it is reasonable.

What must a disciplinary invitation letter include?

The allegations in enough detail to be answerable, the date, time and place of the hearing, who will be present, the evidence you will rely on (enclosed, not held back), the right to be accompanied by a colleague or union representative, and the possible outcomes. If dismissal is in scope, the letter must say so — dismissing after a letter that mentioned only a possible warning is a procedural failure on its own.

Who can accompany an employee at a disciplinary hearing?

By statute, a work colleague, a trade union official employed by a union, or a lay union representative certified as trained. There is no statutory right to bring a solicitor, family member or friend, though you can allow it and should consider doing so where the employee is young, has a disability, or where the outcome could end their professional registration.

What happens if the employee does not attend the hearing?

Rearrange once where there is a genuine reason. If they fail to attend again without good cause, you can proceed in their absence, but say so in writing first, invite written submissions, and consider whether a companion could attend on their behalf. Document the attempts — a decision taken in absence is defensible only if the attempts to involve the employee are on file.

Does the ACAS Code apply to every disciplinary case?

It applies to disciplinary and grievance situations in the workplace, including misconduct and poor performance. It does not apply to redundancy dismissals or the non-renewal of a fixed-term contract on its expiry. Where it does apply and you unreasonably ignore it, a tribunal can increase compensation by up to 25%; where an employee unreasonably ignores it, an award can be reduced by the same margin.

Reviewed by David White · Director · MCIPD, BA (Hons), MA Strategic HRM · Updated 21 June 2026

Templates · Word · Disciplinary & Grievance

Disciplinary Hearing Invitation Letter

Free Word download for UK employers, written and reviewed by our HR team.

ACAS-compliant invitation letter for a formal disciplinary hearing. Includes statutory wording on the right to be accompanied and disclosure of evidence. Delivered as an editable Word document you can adapt on your own letterhead.

What this letter covers

The specific allegations, in enough detail for the employee to prepare a response
The date, time and place of the hearing, and who will attend
The statutory right to be accompanied by a colleague or trade union representative
Confirmation of the evidence enclosed and the right to see it in advance
The possible outcomes, including dismissal where that is genuinely in scope
What happens if the employee cannot attend, and the right to propose an alternative date

When to use this letter

Send this letter once your investigation is complete and you've decided to convene a disciplinary hearing. Give at least 48 hours' notice (longer where practical).

Where this letter sits in the ACAS process

1
Investigate first
The ACAS Code expects a reasonable investigation before any disciplinary hearing is convened. Wherever practical, the person who investigates should not be the person who decides.
2
Put the allegations in writing
The letter must set out the allegations clearly enough for the employee to prepare. 'Conduct issues' is not enough; name the incidents, dates and the rule or policy said to have been breached.
3
Give reasonable notice and the evidence pack
Send the evidence with the invitation, not at the hearing. Give at least 48 hours where you can, and longer for a complex case or where the employee needs to arrange a companion.
4
State the right to be accompanied
The statutory right applies to a work colleague or a trade union representative. If the employee asks for someone else, you can refuse, but consider whether a reasonable adjustment or a fairness point makes it sensible to allow it.
5
Confirm the outcome and the right of appeal
After the hearing, confirm the decision in writing with the reasons and a right of appeal to someone not previously involved. An unreasonable failure to follow the Code allows a tribunal to increase any award by up to 25%.

How to complete it

Complete all bracketed fields in Word and paste the text onto your own letterhead. Attach copies of the evidence pack. Send by email and post simultaneously to document delivery.

Common mistakes we see

Vague allegations the employee cannot realistically answer
Not warning that dismissal is a possible outcome, then dismissing
Handing over the evidence pack at the start of the hearing
Using the same manager to investigate, hear and decide the appeal
Refusing a first request to rearrange, where the employee has a genuine reason

This template is provided for general use and does not constitute legal advice. If your situation is complex, contact one of our HR experts before sending or signing.