If an employee refuses to attend a disciplinary hearing, you can still proceed without them, but you must first take reasonable steps to give them an opportunity to attend. This usually means finding out why they are refusing, offering an alternative date where appropriate and warning them that a decision may be made in their absence.
You do not have to keep postponing a disciplinary hearing indefinitely. However, dismissing an employee or issuing a disciplinary sanction without giving them a fair opportunity to respond could leave your business facing an unfair dismissal claim.
The right approach will depend on why the employee is not attending and whether you are dealing with an investigation meeting or a formal disciplinary hearing.
Employees are generally expected to cooperate with reasonable management instructions, including attending meetings about their conduct.
However, there may be legitimate reasons why an employee cannot attend. For example, they may be unwell, their chosen companion may be unavailable, or they may have concerns about how the disciplinary process is being handled.
You should not automatically treat a refusal to attend as misconduct.
Instead, ask the employee to explain why they cannot attend and consider whether alternative arrangements would allow the meeting to go ahead.
If the employee repeatedly refuses to attend without a good reason, you may eventually be entitled to proceed without them.
Yes. The distinction matters because the employee has different rights at each stage.
An investigation meeting is intended to establish the facts before deciding whether disciplinary action is necessary.
There is generally no statutory right to be accompanied at an investigation meeting, although your disciplinary policy may allow this.
If an employee refuses to attend, you should try to establish why and consider rearranging the meeting.
If they continue to refuse without a reasonable explanation, you can normally complete the investigation using the evidence available, including witness statements, documents and any written response the employee provides.
You should make it clear that the investigation may continue without their input.
A disciplinary hearing is more formal because it could result in a warning, dismissal or another disciplinary sanction.
Before the hearing, the employee should receive:
If the employee refuses to attend, you must consider their reasons before deciding whether to rearrange the hearing or proceed without them.
Sickness absence is one of the most common reasons employees give for being unable to attend a disciplinary hearing.
An employee may be signed off with stress, anxiety or another medical condition. However, being unfit for work does not automatically mean they are unfit to attend a disciplinary meeting.
You should consider whether the employee is medically capable of participating in the process.
Depending on the circumstances, you may need to obtain medical evidence or seek an occupational health assessment, with the employee's consent.
You should also consider whether adjustments would help, such as:
Where the employee has a disability, you may also have a legal duty to make reasonable adjustments under the Equality Act 2010.
If the employee remains unable to participate for a prolonged period, it may eventually be reasonable to proceed without them. However, this decision should be based on the circumstances, including the medical evidence and the seriousness of the allegations.
Employer tip: Do not assume that an employee is deliberately avoiding the disciplinary process simply because they have been signed off sick after receiving an invitation to a hearing.
Employees have a statutory right to be accompanied at a disciplinary hearing by an eligible trade union representative or fellow worker.
If their chosen companion cannot attend on the proposed date, the employee can suggest an alternative.
You must agree to postpone the hearing where the proposed alternative is reasonable and falls within five working days of the original date.
You are not automatically required to postpone beyond five working days. However, depending on the circumstances, allowing additional time may be necessary to ensure a fair process.
Refusing a reasonable postponement could undermine the fairness of any subsequent disciplinary decision.
If an employee is refusing to attend, the following steps will help you manage the situation fairly.
Contact the employee and ask them to explain why they cannot or will not attend.
Do not assume they are being difficult. Their explanation may identify an issue that can be resolved relatively easily.
Keep a written record of their response and any arrangements you offer.
Where possible, offer another date or make alternative arrangements to help the employee participate.
For example, you could offer a video meeting or allow the employee to provide a written response.
There is no legal requirement to rearrange a disciplinary hearing a specific number of times.
However, offering at least one reasonable alternative will often be appropriate, particularly where the employee has provided a genuine explanation for their absence.
If the employee continues to refuse to attend, write to them explaining that the disciplinary process cannot remain on hold indefinitely.
Your letter should confirm:
Make sure the employee understands the possible consequences of continued non-attendance.
Before holding the hearing without the employee, consider whether they have been given a fair opportunity to take part.
Relevant factors include the reason for their absence, the number of opportunities already offered, any medical evidence, the seriousness of the allegations and your own disciplinary procedure.
You should also consider how you have dealt with similar situations involving other employees.
Where the employee has a genuine medical reason for not attending, further adjustments or a postponement may be appropriate.
However, if they are repeatedly refusing to attend without good reason, you do not have to delay the process indefinitely.
If you decide to proceed, the hearing should still take place properly.
The person chairing the hearing should review the allegations, consider the evidence and take account of any written representations provided by the employee.
Do not assume that the allegations are proven simply because the employee has failed to attend.
The decision must be based on the evidence and whether disciplinary action is justified.
You should also keep a clear record of why you considered it reasonable to proceed in the employee's absence.
Once a decision has been reached, write to the employee explaining the outcome and the reasons for it.
If disciplinary action is taken, explain the sanction and any relevant consequences.
The employee should also be informed of their right to appeal, including how and when to submit an appeal.
Repeatedly refusing to attend a reasonable disciplinary meeting without a valid explanation could amount to misconduct.
However, dismissal for failing to attend a single meeting would usually be difficult to justify unless there were exceptional circumstances.
You would need to consider whether the employee's refusal was unreasonable, whether they had been given appropriate warnings and whether dismissal was a proportionate response.
In many cases, it will be more appropriate to proceed with the original disciplinary allegations rather than treat non-attendance as a separate reason for dismissal.
If you do decide to dismiss, you must still be able to justify the decision and demonstrate that you followed a fair procedure.
As at October 2026, employees in Great Britain generally need two years' continuous service to bring an ordinary unfair dismissal claim.
However, this qualifying period is due to reduce to six months for dismissals taking effect from 1 January 2027.
You should also remember that some claims, including discrimination and certain automatically unfair dismissal claims, do not require two years' service.
It is therefore sensible to follow a fair disciplinary process regardless of how long the employee has worked for your business.
Employees should be given a reasonable opportunity to attend an appeal hearing, even if they refused to attend the original disciplinary hearing.
If they cannot attend, ask for their reasons and consider whether the appeal can be rearranged or conducted remotely.
You should also allow them to provide written grounds of appeal and supporting evidence.
If they continue to refuse without good reason, it may be reasonable to consider the appeal based on the written evidence available.
The appeal should be considered impartially and, wherever possible, by someone who was not involved in the original disciplinary decision.
When an employee refuses to attend a disciplinary hearing, avoid:
The key is to demonstrate that you acted reasonably and gave the employee a fair opportunity to put forward their side of the story.
Yes. If the employee repeatedly refuses or is unable to attend without good reason, you may be able to proceed in their absence.
You should first make reasonable efforts to involve them, consider any explanation for their absence and warn them that the hearing may go ahead without them.
There is no fixed legal requirement.
One rearrangement may be sufficient where an employee is deliberately refusing to cooperate. However, additional postponements may be appropriate where there are genuine medical issues or other reasonable circumstances.
An employee can refuse to attend, but an unreasonable refusal to follow a lawful management instruction may itself be a disciplinary matter.
If the employee will not cooperate, you may be able to complete the investigation using the evidence available.
Ask whether they can provide medical evidence and consider alternative arrangements.
For example, a remote meeting, additional breaks or written questions may allow them to participate without attending the workplace.
You should not automatically assume that someone who is signed off with stress is unable to take part in a disciplinary process.
Potentially, but only where you have given them a reasonable opportunity to respond and it is fair to proceed without them.
You must still consider the evidence carefully and have a fair reason for dismissal.
Yes, provided the decision is communicated clearly in writing and the employee is informed of their right to appeal.
Check whether your disciplinary policy requires a particular method of communication.
When an employee refuses to attend a disciplinary hearing, it can leave employers unsure whether to postpone the process or move forward without them.
Getting this wrong can create unnecessary delays or expose your business to an employment tribunal claim.
Neathouse Partners can help you manage the process properly.
We support employers with disciplinary investigations, hearings and appeals, including cases where employees refuse to cooperate or attend meetings.
Whether you need advice on proceeding in an employee's absence or someone independent to chair the hearing, we can provide practical support on a fixed fee basis.
Need help with a disciplinary hearing? Our employment law specialists can advise you on the next steps or help manage the hearing on your behalf.
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Reviewed 19 October 2026. This article provides general guidance for employers in England, Scotland and Wales and is not a substitute for legal advice on individual circumstances.