Short answer: If an employee will not attend a disciplinary hearing or investigation meeting, do not simply dismiss them or ignore the process. Find out why, offer a reasonable alternative date or arrangement, warn them in writing that you may proceed without them, and if they still do not attend, you can make a decision on the evidence you have, provided the process is otherwise fair.
A missed meeting does not give you a shortcut through the disciplinary process. Employment tribunals expect employers to make reasonable efforts to let the employee take part. A rushed decision in absence can undermine the fairness of a dismissal.
The two are treated differently. An investigation meeting is fact finding. There is no statutory right to be accompanied, although your own procedure may allow it and reasonable adjustments may be necessary.
An employee who refuses to attend can be given a reasonable management instruction to do so, and refusal without good reason can itself be a conduct issue. Equally, you can finish your investigation on the evidence you have, using their written answers if they will provide them.
A disciplinary hearing can lead to a formal sanction, so the statutory right to be accompanied applies under section 10 of the Employment Relations Act 1999. The employee should be told the allegations in writing, given the evidence and given reasonable time to prepare. See our guide on how to conduct a disciplinary.
The Acas Code of Practice is under review following consultation on a draft revised version in 2026. A consultation draft is not the operative Code: check which version applies when you act. Read our guide to the proposed Acas Code changes.
Before treating non-attendance as defiance, ask. Common reasons include:
If sickness is the reason, consider appropriate medical evidence or an occupational health view about their ability to participate. A fit note concerning work does not necessarily answer whether they can attend a hearing. Reasonable adjustments under the Equality Act 2010 may be needed, for example a different venue, a video link, breaks or written questions.
See our guide on stress absence before a disciplinary hearing.
If the employee's chosen companion cannot attend on the date you set, the employee can propose another time. Under section 10 of the Employment Relations Act 1999, it must be reasonable and fall within five working days after the date you proposed. You must postpone to that time.
The five-working-day rule is not an absolute limit on postponement. Fairness may require a longer delay where it is reasonable in the circumstances. Acas highlights Talon Engineering Ltd v Smith, where refusing a postponement beyond that statutory window contributed to an unfair dismissal finding. Consider the practical effect of a further delay rather than automatically rejecting it.
The same fairness principles apply. Offer a reasonable alternative and consider the reason for non-attendance. Explain that the appeal may be decided on the papers if necessary. The appeal must still involve a proper review of the decision and any points the employee has raised.
Refusing to attend a reasonable meeting can be misconduct in its own right, but dismissal for that alone would usually be a harsh outcome on a first occasion. A written warning is more typical, depending on the circumstances. Any separate allegation about refusal should be put to the employee through a fair process.
The original allegation still needs to be supported by evidence. Non-attendance is not an admission of guilt. Even where gross misconduct is alleged, you must follow a fair process before deciding on dismissal.
In England, Scotland and Wales, ordinary unfair dismissal protection currently usually requires two years' service. The qualifying period is due to fall to six months from 1 January 2027. Discrimination claims require no minimum service, and many automatically unfair dismissal protections also apply without a qualifying period. Short service is not a reason to ignore those risks.
Yes, if you have made reasonable efforts to involve them, warned them in writing and considered any good reason for non-attendance. Treat it as a proper hearing and give them the right to appeal.
There is no fixed number. At least one genuine rearrangement is sensible; more may be needed where the reason is medical or the companion is unavailable. Fairness depends on the circumstances, not a set number of invitations.
They can decline, but refusing a reasonable instruction without good reason can be a conduct matter. You can usually complete the investigation without them, using documents, witness evidence and any written response they provide.
Seek appropriate medical evidence and consider adjustments or an occupational health view. If they remain unfit for a prolonged period, you may eventually need to decide on the evidence available, after carefully considering fairness and documenting your reasons.
You must accept a reasonable alternative time proposed by the employee that falls within five working days after your original date. A longer postponement may also be necessary for fairness; the statutory window is not an automatic ceiling.
Yes. Follow your procedure and make sure the reasons and right of appeal are clear. Following up with a letter can help ensure receipt, but it is not a universal legal requirement.
If a disciplinary process has stalled, Neathouse Partners can advise on proceeding in absence and support you through investigations, hearings and appeals. Our employee relations support helps you manage the process fairly.
Neathouse Partners provides fixed-fee employment law services for employers. Get disciplinary support.
Reviewed 8 October 2026. This article is general guidance and not legal advice.