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An Invitation Letter to a Disciplinary Hearing for Misconduct formally invites an employee to a disciplinary hearing related to their (alleged) misconduct at work. By using Invitation Letters to Disciplinary Hearings for Misconduct, employers ensure that they meet their legal obligations under employment law.
This document is GDPR compliant.
Use this Invitation Letter to a Disciplinary Hearing for Misconduct:
when you want to invite an employee to attend a disciplinary hearing to address either misconduct or gross misconduct
after you’ve carried out an investigation into the employee’s potential misconduct, which found sufficient evidence to justify holding a disciplinary hearing
for employees based in England, Wales, or Scotland
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Dear ,
Re: Disciplinary hearing
I am writing to inform you that you must attend a disciplinary hearing at on at . The hearing is to consider and discuss disciplinary allegations of misconduct, namely that of .
You are entitled to bring a fellow worker or a trade union representative to the meeting in accordance with our Disciplinary Procedure (enclosed with this letter). You and your companion will be able to comment on the witness statements and raise any questions, for further investigation or consideration, as appropriate.
If you are found guilty of the allegation then we may impose a disciplinary sanction up to and including .
If there are witnesses that you consider have relevant information concerning the allegations against you then please provide their names to me as soon as possible, so that they may be interviewed before the disciplinary hearing. Similarly, if there are any relevant documents you wish to be considered at the hearing, please provide copies as soon as possible. If you do not have those documents, please provide details so that they can be obtained.
The hearing will be conducted in accordance with the Disciplinary Procedure. The hearing will be chaired by and will also be present.
Please acknowledge receipt of this letter and confirm that you will attend the hearing as scheduled. If, for any unavoidable reason, you or your companion cannot attend at that time please contact me as soon as possible. You are reminded that failure to cooperate in a disciplinary process including failure to attend a hearing without good reason may itself be a disciplinary offence resulting in further disciplinary action.
We treat personal data collected during the disciplinary procedure in accordance with our data protection policy. Information about how your data is used and the basis for processing your data is provided in our employee privacy notice and other policies.
If you have any specific needs at the hearing as a result of a disability, or if you have any other questions, please also contact me as soon as possible.
Yours sincerely,
Formally suspend an employee during a disciplinary investigation
Confirm the outcome of a disciplinary hearing
Set up disciplinary appeal hearing
Inform an employee that their employment is ending
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.
Making an Invitation Letter to a Disciplinary Hearing for Misconduct online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Invitation Letter to a Disciplinary Hearing for Misconduct, you will need the following information:
Letter details
What are the employer’s details (eg legal structure and name)?
If the employer is a company, LLP or partnership, who will sign the Invitation Letter to a Disciplinary Hearing for Misconduct on the employer’s behalf?
What are the employee’s details (ie name and address)?
On what date will your Invitation Letter to a Disciplinary Hearing for Misconduct be sent to the employee?
Hearing
What are the details of the disciplinary hearing to be attended by the employee?
What is the nature of the allegations against the employee?
What are the details of the allegations?
What is the maximum sanction that will be imposed upon the employee?
Is the employee on suspension?
Attendees and evidence
What is the name of the chairperson attending the hearing?
Who else will be present at the hearing?
Will any documents be enclosed with this Letter?
If so, which documents will be enclosed?
Will witnesses be present at the hearing?
If so, what are their names?
Invitation Letters to Disciplinary Hearings for Misconduct are used by employers to invite employees to hearings to discuss alleged misconduct. To achieve this, this Letter covers:
Sender and recipient details
The start of the Invitation Letter to a Disciplinary Hearing for Misconduct sets out the name of the employer and the name and address of the employee.
Re: Disciplinary hearing
The Letter then sets out its purpose - inviting the employee to a disciplinary hearing for misconduct - and provides key details about this. For example, the date, time and location of the hearing. It also sets out what evidence, if any, the employer intends to rely on and outlines the employee’s right to be accompanied at the meeting. The Letter also highlights the potential consequences of the disciplinary investigation process. It then requests that the employee confirms their attendance.
We treat personal data collected…
The Invitation Letter to a Disciplinary Hearing for Misconduct highlights that all processing (eg storing) of personal data (eg the employee’s name and address) during the disciplinary process is in accordance with the employer’s Data protection and data security policy. It encourages the employee to check the employer’s Employee privacy notice for more information.
If you want your Invitation Letter to a Disciplinary Hearing for Misconduct to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Invitation Letter to a Disciplinary Hearing for Misconduct for you to ensure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Always follow a fair process when disciplining employees
It is crucial to adhere to a fair process when disciplining employees. This involves following the law when addressing issues such as employee misconduct or poor performance. It is essential to conduct a proper investigation of the facts and to only suspend an employee (using a Suspension letter) during an investigation if this is necessary.
After conducting a disciplinary hearing and reaching a decision, it is important to communicate the outcome formally to the employee, either through a Disciplinary outcome letter for misconduct (if the employee is not being dismissed) or a Dismissal letter for misconduct (if they are). If your investigation finds that the employee’s conduct amounts to gross misconduct, you can dismiss them using a Gross misconduct dismissal letter.
For more information, read Disciplinary process, How to run a disciplinary hearing, Disciplinary appeals and Suspension from work.
Dismiss employees in a proper and appropriate manner
If your investigation into an employee’s misconduct leads to a decision to dismiss them, make sure that you do so in a legally compliant manner. Otherwise, you may leave yourself vulnerable to potential legal claims by the employee (eg for discrimination or unfair dismissal).
Dismissing someone fairly generally involves having a valid reason and following a clear and fair process (eg warnings should usually be given before dismissal, except in certain situations). For more information, read Dismissal, Unfair dismissal, Wrongful dismissal, and Dismissal for disciplinary reasons.
Make sure to adopt all relevant policies
Adopting certain HR policies can promote fairness and transparency in how you treat your workforce, while also ensuring compliance with legal obligations and demonstrating your commitment to being a conscientious and law-abiding employer. Some policies to consider implementing include:
a Disciplinary procedure - outlining how you handle disciplinary issues at work
a Grievance procedure - outlining how employee grievances and appeals are handled
an Equal opportunities policy - ensuring equal opportunities and preventing workplace discrimination
an Anti-bullying and harassment policy - outlining how you prevent bullying and harassment in the workplace
For more information on the different types of policies you may wish to adopt, read HR policies and procedures.
Understand when to seek advice from a lawyer
Ask a lawyer for advice:
on conducting a disciplinary hearing for employees based outside of England, Wales and Scotland
on checking whether you’re holding a disciplinary hearing in a compliant and legally safe way
on whether dismissal or other sanctions may be appropriate in your situation
if this Invitation Letter to a Disciplinary Hearing for Misconduct doesn’t meet your needs.
