NHS Disciplinary Hearing Pack
Told there will be an investigation, or invited to a hearing? Check how prepared you are for free, see what usually happens next and count down your key dates, then unlock letters, a statement draft and a briefing note for your rep.
New to this? Start with our guide to the NHS disciplinary and misconduct process. If an outcome has already ended your employment, read Sacked from the NHS? What happens next and try the NHS Dismissal Guidance Advisor. Last updated October 2026.
Short answer
Most NHS trusts follow a general sequence: a concern, an investigation and, only if there is a case to answer, a formal disciplinary hearing, with a right of appeal against most outcomes above the lowest level. You can be accompanied by a trade union representative or a work colleague, and our guide advises contacting your union rep immediately, ideally before you respond to a formal letter or write anything down. Trusts differ, so your own trust's policy always takes precedence. The readiness and dates check on this page is free. The documents are a one-off £9.99, with no subscription and 90 days of access.
⚠This is not legal advice
This tool and its documents are general guidance based on how NHS disciplinary processes typically work, as described in our guides. They are not legal, HR or employment advice and cannot take account of your trust's own disciplinary policy or the facts of your case. Speak to your trade union or staff-side representative before you send or say anything, and use the documents only as drafts. They never predict an outcome. FrontlinePay is independent and is not affiliated with ACAS, any NHS trust or any trade union.
About you and where you are
Everything stays in your browser and is never sent to us. Your answers are saved in this browser so they are still here after checkout. Use "Clear my answers" to remove them, especially on a shared computer.
Only two answers are needed for the free check: where you are in the process and what the allegation is about. The rest makes your documents more specific, and you can come back to it. See a worked example of the documents.
Used to address the request letter. If left blank, the letter has a placeholder.
Your union rep or the colleague who will accompany you.
Copy the wording from the letter if you have one. It is used in your statement and rep note.
A union rep, or a work colleague who has agreed to accompany you.
Your key points (1 of 5)
Add up to 5 points: what happened, in your own words, and your honest position on each. Dated, specific points help more than general statements.
Free worked example. Fictional person and trust
Example: disciplinary hearing letter, statement and briefing note
Alex Morgan, a Band 5 staff nurse at a made-up trust, has been invited to a disciplinary hearing about timekeeping and has not yet been given the evidence.
Everything below was produced by the pack itself from those made-up details. It is an example only: the names, trust and facts are invented, and your own documents are built from your own answers. Square brackets mark the places you fill in or check yourself.
Letter requesting the allegations, evidence and policyExample
A polite request for the allegations, evidence, investigation report and policy in writing, with reasonable time to prepare.
[Your address] [Your email address and phone number] 14 October 2026 Priya Shah Example NHS Foundation Trust Dear Priya Shah, Subject: Request for information to help me prepare for the disciplinary hearing - Alex Morgan, Staff Nurse Thank you for your letter of 1 October 2026 inviting me to a disciplinary hearing on 21 October 2026. I want to take part constructively and, to prepare properly, I would be grateful for the following information in writing. 1. Written confirmation that the matters set out in your letter of 1 October 2026 are the only allegations I am being asked to respond to or, if there are others, those set out in full with dates where known. 2. Copies of the evidence that will be relied on (for example statements, records and documents) and any investigation report. 3. A copy of the disciplinary policy and procedure being applied, and confirmation of whether the concern is being handled as a conduct matter or a capability matter. 4. The name and role of the person or panel who will hear the matter, and how the hearing will run. 5. Confirmation that I may be accompanied at the hearing by my representative, Dana Reid, as I understand I have a statutory right to be accompanied by a trade union representative or a work colleague, and that the date and time can accommodate them. 6. Whether an official record of the hearing will be kept, and whether I will receive a copy. I would be grateful for a reply by [date - please allow a reasonable period for this to be gathered]. If that is difficult, please let me know when I can expect it. I note that the hearing is currently listed for 21 October 2026. Once I have the information above I would like reasonable time to read it and prepare with my representative. If the date does not allow that, I will let you know promptly and ask for it to be rearranged. This letter asks for information so that I can prepare and take part fairly. It is not my response to the substance of the allegations, which I will give at the appropriate stage. Thank you for your help. Yours sincerely, Alex Morgan Staff Nurse, Band 5 [cc: my trade union representative - delete if not needed] [Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]
Hearing statement draftExample
Your account structured point by point, with your own positions and bracketed prompts for specifics. No admissions beyond the positions you chose.
STATEMENT OF Alex Morgan Staff Nurse, Band 5, Example NHS Foundation Trust Draft prepared 14 October 2026 for discussion with my representative [Delete before use: you will be expected to answer questions put directly to you yourself. Your companion can put and sum up your case, respond to points and confer with you, but cannot answer for you. Read this through with your rep and cut anything you are not sure about.] 1. Introduction I am Alex Morgan, Staff Nurse, Band 5, at Example NHS Foundation Trust. This statement sets out my account of the matters raised in your letter of 1 October 2026. I take these matters seriously and I want to help the hearing reach a fair decision. [Add: how long you have worked at the trust and in this role, relevant training, and anything about your record you want considered.] 2. The allegations as I understand them It is alleged that you arrived after the start of your shift on five occasions between 1 July and 31 August 2026 without prior agreement. The concerns relate to: Attendance or timekeeping. 3. My account, point by point Point 1 - 14 July 2026 What happened: On 14 July my train was cancelled. I phoned the ward at about 07:10 to tell the nurse in charge and arrived at 08:05, 35 minutes after the start of the shift. Context: [Add who was present, what was happening on the ward or in the team, workload and staffing, any instructions or training you had, and anything else that explains the circumstances.] My position: I accept this in part. [State exactly which part you accept and which part you do not.] Evidence or witnesses I refer to: Rail operator cancellation email; ward telephone log Point 2 - 3 August 2026 What happened: On 3 August I arrived 10 minutes late. I stayed 25 minutes after the end of that shift to complete handover. Context: [Add who was present, what was happening on the ward or in the team, workload and staffing, any instructions or training you had, and anything else that explains the circumstances.] My position: I accept this. [If you wish, add anything you have done or changed since, and any circumstances you would like taken into account.] Evidence or witnesses I refer to: Handover sheet signed by the late shift nurse in charge 4. Evidence and witnesses - Point 1: Rail operator cancellation email; ward telephone log - Point 2: Handover sheet signed by the late shift nurse in charge [Add anything else you would like the decision-maker to see or any other person you would like to be asked.] 5. What I ask the decision-maker to consider I ask that the decision takes account of the specific facts, my response to each point and my record. [Add anything else you want considered, such as circumstances at the time, support or training you did or did not have, and any steps you have taken since.] 6. Closing I am happy to answer any questions about this statement. Dana Reid will accompany me. Signed: ______________________ Date: ______________________ [Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]
Questions to ask and points to raiseExample
A checklist for before and during the meeting, including representation arrangements and an official record of the meeting.
QUESTIONS TO ASK AND POINTS TO RAISE Alex Morgan, Example NHS Foundation Trust - prepared 14 October 2026 Stage: I have been invited to a disciplinary hearing Tick each item off as you go. Ask your rep which of these suit your trust's policy. Where trusts differ, your own trust's policy takes precedence. A. Ask in writing before the meeting [ ] Can I have the allegations, the evidence and any investigation report in writing, in good time to prepare? [ ] Which disciplinary policy is being applied, and is the concern being treated as conduct or capability? [ ] Who is investigating or hearing this, and what is the expected timescale for the next steps? [ ] If this goes forward, what are the possible outcomes and the appeal route under the policy? B. Representation and the record of the meeting [ ] Can I be accompanied by my trade union representative or a work colleague, and does the date and time work for them? [ ] What will my companion be allowed to do? (Put and sum up my case, respond to points and confer with me, but not answer questions put directly to me.) [ ] Will an official record of the meeting be kept, who will take it, and will I get a copy? [ ] If I would like to make my own recording, can I have agreement in advance? (Ask for a reasonable adjustment if a health condition or disability makes note-taking difficult. Never record covertly.) [ ] My rep may take their own notes. Is that fine? [ ] If I think legal representation might be justified, ask my union rep or HR/ER team directly. A solicitor is not a general entitlement and is discretionary under some trusts' policies. [ ] If I cannot attend on the date, tell the trust and my rep as early as possible and ask for it to be rearranged, giving the genuine reason. C. Points to raise at the meeting or hearing [ ] Ask the chair to confirm which allegations are being considered and which evidence is being relied on. [ ] Give my account point by point and refer to my own documents and witnesses. [ ] Ask how each piece of evidence supports each allegation, so the evidence is properly tested. [ ] Raise anything I think has not been looked at: witnesses I named, documents I identified, circumstances at the time. [ ] Ask for a short break if I want to confer privately with my companion. [ ] Ask that the decision weighs the specific facts, my response and my record, and whether any sanction is proportionate. [ ] Ask when and how I will receive the outcome in writing, and what the appeal route and deadline are. [ ] If a warning is given, ask how long it will stay on file under the policy. D. Other things to check with your rep [ ] If I am on a professional register: how could this process interact with any regulator process? (They often run in parallel and being cleared in one does not mean being cleared in the other.) [ ] Is anything I want to raise a grievance rather than part of this process? (They are separate policies that can become tangled.) [ ] Is there anything in my trust's policy I have not read that I should? [Space for your own questions] [Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]
Representative briefing noteExample
A one-page summary for your rep: timeline, your position per point, evidence held and missing, and what you want from them.
BRIEFING NOTE FOR MY REPRESENTATIVE Prepared 14 October 2026 Member: Alex Morgan, Staff Nurse, Band 5 Trust: Example NHS Foundation Trust Stage: I have been invited to a disciplinary hearing Most recent letter: 1 October 2026 Suspended: No 1. Summary The concern relates to: Attendance or timekeeping. As put to me: It is alleged that you arrived after the start of your shift on five occasions between 1 July and 31 August 2026 without prior agreement. 2. Timeline and key dates - 14 July 2026: Point 1: On 14 July my train was cancelled. I phoned the ward at about 07:10 to tell the... - 3 August 2026: Point 2: On 3 August I arrived 10 minutes late. I stayed 25 minutes after the end of tha... - 1 October 2026: Most recent letter received - 21 October 2026: Disciplinary hearing 3. My position on each point - Point 1: Accept in part. On 14 July my train was cancelled. I phoned the ward at about 07:10 to tell the nurse in charge and arrived a... - Point 2: Accept. On 3 August I arrived 10 minutes late. I stayed 25 minutes after the end of that shift to complete handover. 4. Paperwork and arrangements - Allegations in writing: Yes - Evidence or investigation report received: No - requested / to request - Copy of the trust's policy: [yes / no] - Representative: Dana Reid 5. Evidence Held or identified by me: - Point 1: Rail operator cancellation email; ward telephone log - Point 2: Handover sheet signed by the late shift nurse in charge Missing or still to request: - The evidence and any investigation report the trust is relying on - A copy of the trust's disciplinary policy (if I do not have it) 6. What I would like from you - Advice on the process and on my position on each point, before I respond to anything formal. - To accompany me and help me prepare to put my case. - To check what my trust's policy says about the points I have asked about. - To advise how this process could interact with any regulator process, if relevant. - [Anything else you want to ask, or particular worries] [Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]
Appeal outline (for later, if needed)Example
A skeleton only, clearly labelled, for if you need to appeal after an outcome. Do not send it now.
APPEAL OUTLINE - FOR LATER, IF YOU NEED IT This is a skeleton only. Do not send it now. You can only appeal once you have an outcome, and most outcomes above the lowest level can be appealed through the trust's own appeals process, usually to someone more senior than whoever made the original decision. IMPORTANT: Confirm your trust's appeal deadline and the form or method for appealing before you do anything else. Appeal windows are often short, and the policy sets the number of days. Ask your union rep to read this before you send it. An appeal is generally not a full re-run of the hearing. It usually focuses on whether the process was followed fairly, whether the evidence genuinely supported the decision, and whether the sanction was proportionate. [Your address] 14 October 2026 [Name and job title of the person to send the appeal to - check your outcome letter and the policy] Example NHS Foundation Trust Subject: Appeal against the disciplinary outcome - Alex Morgan, Staff Nurse Dear [name], I am writing to appeal against the outcome of the disciplinary [meeting / hearing] held on [date], confirmed in your letter of [date]. The outcome was [state the outcome]. My grounds are as follows. Ground 1: The process was not followed fairly [Say what was not fair and give dates: for example whether you had the allegations and evidence in good time, whether you could be accompanied, whether you had reasonable time to prepare and whether the trust's policy was followed.] Ground 2: The evidence did not support the decision [For each allegation, explain what the evidence showed and why it does not support the finding.] Ground 3: The sanction was not proportionate [Explain why, with reference to the specific facts, your response, your record and any circumstances.] What I am asking for: [for example that the outcome is overturned or the sanction reduced]. I would like to be accompanied by [name of your representative] at any appeal meeting and ask for copies of the documents the appeal will consider. Yours sincerely, Alex Morgan [Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]
What you get
The free part scores how prepared you are on seven signals, such as whether you have the allegations in writing, the evidence, a representative and your dates recorded. It also shows what usually happens next and what to ask for at your stage, taken from our guide, and counts down your key dates in days. It never predicts an outcome. The paid pack then turns your own answers into five documents you can edit, copy or print:
| Document | What it does |
|---|---|
| Letter requesting the allegations, evidence and policy | Politely asks for the allegations, evidence, any investigation report and the policy being applied, in writing, with a reasonable reply period and time to prepare. If you have an outcome, it asks for the reasons, the evidence relied on and the appeals procedure instead. |
| Hearing statement draft | Structures your account point by point, using the positions you chose (accept, accept in part, dispute) and no more, with bracketed prompts for specifics. |
| Questions to ask and points to raise | A checklist for before and during the meeting, including representation arrangements, an official record of the meeting and the appeal route. |
| Representative briefing note | A summary for your union rep: timeline, your position on each point, evidence held and missing, and what you would like from them. |
| Appeal letter draft or outline | If you have received an outcome, a draft built around the usual appeal grounds of process, evidence and proportionality. At any earlier stage, a clearly labelled outline for later. Both carry a reminder to confirm your trust's deadline and form. |
Every document is polite and factual, uses today's date and leaves bracketed placeholders for anything we do not know. None of them threatens action or says your employer has acted unlawfully. Your answers stay in your browser and are not sent to us. The pack costs £9.99 once, gives 90 days of access and does not renew.
What happens at an NHS disciplinary hearing
A disciplinary hearing is a formal meeting, usually the last stage of a longer process. Our guide to the NHS disciplinary process describes the general shape, though your trust's own policy sets the detail:
- A concern is raised. A manager or HR considers whether it needs formal investigation or can be resolved informally.
- An investigation. An investigating officer, usually a manager not otherwise involved, gathers statements and records and normally meets you, where you are entitled to be accompanied.
- A decision on whether there is a case to answer. A decision-maker reads the investigation report and decides whether to hold a formal hearing, deal with it informally or take no further action.
- The hearing. A more senior manager, or a panel, hears the evidence, hears from you and your representative and reaches a decision. You can set out your account, answer questions and respond to the evidence.
- The outcome. This can range from no action, through informal feedback and formal warnings, to dismissal for the most serious findings.
- An appeal. Most outcomes above the lowest level can be appealed, usually to someone more senior than whoever decided.
Being investigated, or invited to a hearing, is not a finding against you. If you are told in the meantime that you are suspended, that is meant to be a neutral step, not a sanction. Gov.uk says suspension should normally be with pay.
What to say at a disciplinary hearing
There is no script that suits every case, and your rep knows your trust better than we do. These general principles tend to help:
- Stay calm and factual. Describe what you saw, did and said, in the order it happened.
- Answer the question you are asked. If you do not know or cannot remember, say so rather than guessing.
- Be honest about what you accept, and clear about what you dispute and why. Never state something you cannot stand behind.
- Refer to your own evidence: rotas, messages, records, training certificates and colleagues who can speak to what happened.
- Explain context that is relevant, such as workload, staffing levels or the instructions you had, without turning it into blame.
- Remember that you answer questions yourself. Your companion can put and sum up your case, respond to points and confer with you, but cannot answer for you.
- Ask for a short break if you want to talk privately with your companion.
The pack's statement draft and questions checklist put these points in front of you, with your own dates, positions and evidence filled in. The worked example above shows exactly what they look like.
Letter requesting evidence before a disciplinary hearing
You can ask in writing for what you need to prepare. The ACAS Code of Practice on disciplinary and grievance procedures says the employer should tell you about the problem in writing, with enough information about the alleged misconduct or poor performance, and its possible consequences, for you to prepare to answer the case. It adds that it would normally be appropriate to include copies of any written evidence, which may include witness statements, and to give the time and place of the meeting and say that you can be accompanied. Trusts' policies differ on what is shared and when, so a good request letter asks politely rather than demanding. A useful one covers:
- The allegations, set out separately and with dates where known.
- The evidence and any investigation report the trust is relying on, or when it will be available.
- The disciplinary policy being applied, and whether the matter is being handled as conduct or capability.
- Who will hear the matter and how the hearing will run.
- Confirmation that you can be accompanied, and whether an official record will be kept.
- A reasonable reply date, and reasonable time to prepare once you have the papers.
Your right to be accompanied, and what to do if the date does not work
Under section 10 of the Employment Relations Act 1999 you can reasonably ask to be accompanied at a formal disciplinary or grievance hearing by a trade union representative, a certified trade union official or a work colleague. If your chosen companion cannot make the date, you can propose another within five working days after the one the employer set, and the employer must postpone. Our guide to NHS staff representation explains which unions and bodies can help.
Appealing a disciplinary outcome
If you receive an outcome you disagree with, check the deadline and the form or method for appealing in your outcome letter or policy the same day. Gov.uk says to write to your employer saying you are appealing and why, and that the appeal should if possible be dealt with by someone not already involved, with the right to bring a companion. Appeals usually focus on three questions: was the process followed fairly, did the evidence genuinely support the decision, and was the sanction proportionate? The pack includes an appeal draft built on those grounds, with prompts for your specifics. An internal appeal does not stop the separate employment tribunal time limit, which is why our guide for dismissed staff tells you to check it early.
Before you send anything
Read your trust's own disciplinary policy, because timescales, forms and detail differ between trusts. Contact your trade union representative first if you can. If you are not sure who can represent you, see NHS staff representation: unions and Royal Colleges. If you are on a professional register, the regulator's process is separate from the trust's and can run alongside it: see fitness to practise explained.
Sources
- ACAS Code of Practice on disciplinary and grievance procedures
- Gov.uk: disciplinary hearings, suspension from work and disciplinary appeals
- Employment Relations Act 1999, section 10 (right to be accompanied)
- Trade Union and Labour Relations (Consolidation) Act 1992, section 207A
- How we write and check our guidance
Why trust this tool
- ✓ Follows our own guides to the NHS disciplinary process and to dismissal, and states no deadline or right they do not state
- ✓ Checked against the ACAS Code, gov.uk guidance and section 10 of the Employment Relations Act 1999
- ✓ Gives no standard appeal window, because our guide says it is a set number of days that varies by trust, and tells you to check yours
- ✓ Says clearly where trusts differ, and points you to your trust's policy and your union
- ✓ Never predicts an outcome and never tells you to threaten action or say your employer acted unlawfully
- ✓ Uses only the positions you choose in the statement, with no admissions added for you
- ✓ Runs in your browser. Your details and document text are not sent to us
- ✓ Guidance last updated October 2026
Related guides & tools
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Conduct versus capability, suspension, your right to be accompanied and appeals.
Sacked From the NHS? What Happens Next
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NHS Staff Representation Explained
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Fitness to Practise Explained
How the separate regulator-side process works alongside a trust's own.
NHS Grievance Procedure Explained
The reverse process, for when you are the one raising a formal complaint.
NHS Whistleblowing Rights
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Frequently asked questions
Can I take someone with me to a disciplinary hearing? +
What should I say at a disciplinary hearing? +
What should a disciplinary invitation letter tell me? +
Why ask for the allegations and evidence in writing? +
How much time do I get to prepare for a hearing? +
What if my chosen companion cannot make the date? +
Can I be suspended without pay while I am investigated? +
Do I have to attend the hearing? +
Can I record the meeting? +
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Does a disciplinary hearing mean I will be dismissed? +
Is the ACAS Code legally binding, and does it apply to the NHS? +
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Disciplinary policies, forms and timescales are set by individual NHS trusts, so detail varies. This page is general information, not legal, HR or employment advice. FrontlinePay is an independent site and is not affiliated with ACAS, NHS England, any NHS trust or any trade union.