TT HR Law

Facing a disciplinary hearing

You have the right to a fair hearing, to be represented and to appeal if you are accused of misconduct or poor performance. A hearing is your chance to give your side, so prepare for it and attend.

Before the hearing

  • You should receive the allegation in writing, with the date, time and place of the hearing and the evidence the employer will rely on. If you only get a vague complaint, ask in writing for the details.
  • Ask for time to prepare if the notice is too short to gather your documents or arrange a representative.
  • If you are asked for a written statement, see How to write a statement for your employer.
  • Arrange your companion. You can usually bring a co-worker or your union representative. Check your company's disciplinary policy.
  • Gather your evidence: messages, emails, timesheets, the names of witnesses, and any earlier praise or good reviews.
  • If you are suspended while the matter is investigated, suspension on full pay is a holding step, not a punishment. Follow the instructions in the suspension letter.

At the hearing

  1. Listen to the allegation and the evidence.
  2. Give your account calmly and stick to the facts. It is fine to say you need a moment, or to ask for a question to be repeated.
  3. Point out anything unfair: evidence you were not shown, witnesses not asked, or others treated differently for the same thing.
  4. Mention anything that explains what happened, such as unclear instructions, training you never received, illness or personal circumstances.
  5. Ask for a written record of the hearing, or take your own notes.

After the hearing

  • The decision should be given to you in writing, with the reasons and any penalty, such as a verbal, written or final written warning, or dismissal.
  • Appeal in time. Your company's policy will set a deadline, often five working days. Put the appeal in writing and say why the decision was wrong.
  • Signing a warning letter usually only confirms you received it. You can add "received, not agreed" beside your signature.
  • If you are dismissed, go straight to I've been dismissed. What now? The six-month deadline starts from the day the issue arose.

Do not

  • Refuse to attend without a good reason. If you are ill, ask in writing for a new date.
  • Lose your temper, or post about the case on social media.
  • Contact witnesses to influence what they say.

Source: Ministry of Labour, CAAD FAQ, question 14: workers' rights.

Last reviewed: October 2026

General guidance only, not legal advice.