I have been called to a disciplinary interview without any details of the charges being made against me. Is this right?

No. The Acas Code of Practice on Disciplinary and Grievance Procedures (PDF, 167KB) states that you should be informed of the charges being made against you prior to a disciplinary hearing. It is expected that disciplinary interviews are carried out in accordance with the principles of 'natural justice'. One of those principles is that you should know in advance the case against you so that you can prepare to answer those charges at the hearing.

The Acas Code of Practice highlights that notification of a disciplinary hearing should "contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to answer the case at a disciplinary hearing. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the formal notification."

Failure to follow the code can be taken into account at an employment tribunal. A tribunal can raise or lower any award of compensation by up to 25% for an unreasonable failure by the employer or employee to follow the code, so it is sensible for all parties to do so.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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