How to Reply to a Disciplinary Letter (UK)
Published 27 September 2026 · Sources listed below
When you reply to a disciplinary letter, the aim is not to argue the whole case by email. It is to make sure you have the evidence, the time and the companion you need before the hearing — and to have asked for them in writing.
The short answer
Under the Acas Code of Practice, an employer should tell you in writing what you are alleged to have done and the possible consequences, give you copies of the written evidence (which may include witness statements), and allow you reasonable time to prepare. You have a legal right to bring a colleague or a trade union representative to the hearing, and if they cannot make the date you can propose another time within five working days. A reply should confirm you will attend, name your companion, and ask for anything missing.
Contents
What the invitation letter should contain
The Acas Code of Practice on disciplinary and grievance procedures sets out what an employer should do. It is guidance employers are expected to follow rather than a statute, but it carries weight: a failure to follow it does not by itself make an employer liable, yet employment tribunals take it into account. A tribunal can increase an award by up to 25% if an employer unreasonably failed to follow it — and reduce one by up to 25% if an employee did.
What the Code says you should be told
- Enough information about the alleged misconduct or poor performance to understand it
- The possible consequences — for example a written warning or dismissal
- Copies of written evidence, which may include witness statements
- The time and place of the hearing
- Notice of your right to be accompanied
Ask for what is missing — in writing
If the letter describes the allegation vaguely, or refers to evidence you have not been given, ask for it before the hearing. Acas says the employee should have the information in time to prepare, and that the employer should share any evidence from the investigation and anything else they plan to talk about. There is no fixed number of days for preparation; the Code says 'reasonable time'. If what you receive is too late or too much to deal with properly, say so in writing and ask for more time.
Bringing someone with you
You have a statutory right to be accompanied at a disciplinary hearing, and at any appeal hearing. Your companion can be a fellow worker, a trade union representative, or an official employed by a trade union. A family member or someone from Citizens Advice can come only if your employer agrees or your contract allows it. The request does not have to be in writing, but putting it in writing avoids any dispute about it.
How the companion rules work
- If your companion cannot make the date, you can propose another time — it has to be reasonable and not more than five working days after the original date
- Your companion can address the hearing to put and sum up your case, and respond on your behalf to views expressed at the meeting
- Your companion can confer with you during the hearing
- Your companion cannot answer questions on your behalf
What happens at the hearing
The employer should explain the complaint and go through the evidence. You should then be able to set out your case and answer the allegations, ask questions, present evidence, call relevant witnesses, and raise points about what witnesses have said. If you want witnesses called, tell your employer in advance. Bring a short written statement of your account — it keeps you on track and gives the note-taker something accurate to work from.
If you are ill, disabled or cannot attend
If you are unwell, tell your employer as early as you can. Acas guidance says the employer should try to rearrange, but can decide to go ahead without you after considering the circumstances — in which case ask to submit a written statement. If you are disabled, your employer has a duty to make reasonable adjustments — Acas gives the example of allowing a different companion, such as a support worker. Ask in writing for the specific adjustment you need.
After the decision
The decision should be given to you in writing. If you disagree, write to your employer saying you are appealing and why. The Code says appeals should be heard without unreasonable delay and, where possible, by a manager not previously involved, and you have the right to be accompanied again. The Code does not apply to redundancy dismissals or to fixed-term contracts simply ending.
The Code is being updated
The current Acas Code dates from 2015. Acas consulted on an updated draft, and that consultation closed on 23 September 2026; no date has been given for a new version to take effect. Check the Acas website if you are reading this later on.
Reply to a disciplinary hearing invitation
Edit this template with your facts, dates, and requested outcome before sending.
Subject: Disciplinary hearing on [date] — my reply Dear [Name], Thank you for your letter of [date] inviting me to a disciplinary hearing on [date] at [time] about [the allegation as described in the letter]. I confirm that I intend to attend. I will be accompanied by [name, job title / trade union representative]. [If needed: My companion is not available on that date. Under my right to be accompanied, I propose [alternative date and time], which is within five working days of the original date.] To prepare, I would be grateful to receive the following before the hearing: - copies of all written evidence you intend to rely on, including any witness statements and investigation notes - [any specific document, for example the CCTV, rota, email or policy referred to] [If relevant: I would like the following witness(es) to attend or provide a statement: [name(s)]. / I would like to ask for the following adjustment(s) because of [condition]: [adjustment].] I will set out my account at the hearing. I do not accept the allegation as described, and I would ask that no decision is made until I have had the chance to respond to the evidence. Kind regards, [Your Name]
Common mistakes to avoid
- Arguing the whole case by email before you have seen the evidence
- Going to the hearing without asking for witness statements or investigation notes you were told about
- Not naming a companion, or not using the five-working-day postponement when they are unavailable
- Missing the hearing through illness without telling anyone or offering a written statement
- Resigning in the middle of the process without advice
- Accepting a vague allegation instead of asking exactly what you are said to have done, and when
- Leaving an appeal without stating the grounds in writing
Next steps
- 1Read the invitation and list anything missing: the allegation, the evidence, the possible outcome
- 2Ask a colleague or your union representative to accompany you, and check their availability
- 3Reply in writing confirming attendance, naming your companion and requesting missing evidence
- 4Prepare a short written account and a list of documents and witnesses
- 5Keep copies of everything, including notes of the hearing if you are given them
Sources
- Acas Code of Practice on disciplinary and grievance procedures
- Acas: The disciplinary hearing
- GOV.UK: Disciplinary hearings
- GOV.UK: Disciplinary appeals
- Acas: A new Code of Practice on disciplinary and grievance procedures (consultation)
Rules and deadlines change. Check the official source before relying on a date or amount.
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