Attending the hearing

The Acas Code says both parties should make “every effort” to attend the disciplinary hearing. Employees are often tempted not to attend the hearing, but this is usually a mistake, especially if the employee is hoping to bring any kind of tribunal claim.

This is because the Acas Code (para 24) says that where an employee is persistently unable or unwilling to attend a disciplinary hearing without good cause, the employer should go ahead and make a decision based on the available evidence. By staying away, the employee loses the chance to put his own case, and to draw the decision-maker’s attention to important facts about the case.

In practice, a tribunal is likely to have little sympathy for an employee who gave up the chance to put the case at the hearing, and an unfair dismissal claim is unlikely to succeed in these circumstances. Even if the case is successful, any compensation will be cut by up to 25% because of the employee’s failure to follow the Acas Code.