Can you refuse to go to a disciplinary?

Asked by: Miss Janis Wolff V  |  Last update: February 16, 2026
Score: 4.2/5 (47 votes)

You generally cannot outright refuse a disciplinary meeting without significant consequences, as it's usually a reasonable management instruction, and failing to attend without a valid reason (like serious illness) can lead to dismissal for insubordination, with the employer making a decision based on available info. However, you can request postponements for valid reasons or refuse to attend if the employer hasn't provided sufficient information (details of allegations, evidence, potential outcomes) and demand it first, though the meeting might proceed without you if you still don't show.

Can I refuse to attend a disciplinary meeting?

If you fail to attend the meeting and don't have a reasonable excuse for not attending, the meeting may go ahead without you and you will not be able to put your case.

Can an employee refuse to attend a disciplinary meeting?

No, you cannot refuse to attend a disciplinary meeting without a valid reason. If you fail to attend, the meeting may proceed without you, and you will lose the opportunity to defend yourself.

How to get out of disciplinary action?

You can protest, in writing and state your reasons for doing so. You can request some kind of mediation or arbitration. Much of this depends on a number of factors, such as your relationship with your supervisor, your previous work history and your importance to the organization.

What happens if I miss a disciplinary hearing?

If the employee is absent or off sick for the disciplinary hearing, the employer should contact them and rearrange it. The employer should also check if it would help to make other arrangements. For example, holding the hearing somewhere else if the employee is worried about coming to the workplace.

10 Things to do if You Are Invited to a Disciplinary Hearing

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How to beat a disciplinary hearing?

You might be able to provide evidence that will help clear things up - for example a doctor's note. Make sure you keep a note of the conversation and what was agreed. It might not be possible for your employer to sort out their concerns informally and they might start formal disciplinary procedures.

Does disciplinary action go on your record?

Whether it was a medication error, unprofessional conduct allegation, or other violation, disciplinary action can make finding a new job extraordinarily difficult and hinder future career growth. In most cases, disciplinary action will stay on a nurse's record in California for approximately three years.

Can I resign to avoid disciplinary action?

If the employee wants to resign

The employee might want to resign or feel they have to leave when facing a disciplinary. This could lead to the employee later claiming constructive dismissal at an employment tribunal. They can only do this if they have worked for the organisation for 2 years or more.

What not to say during investigation?

Don't Express Personal Opinions or Judgments. The investigation is not about how you feel or what you think. Its purpose is to collect facts and make a decision based on those alone.

Can I be dismissed at a disciplinary hearing?

On the day of the disciplinary hearing the chairperson must ensure that the procedure leading up to the hearing was followed. If a correct procedure has been established and the chairperson recommends a dismissal, the employer can provide the employee with a dismissal letter.

What is the 7 minute rule for employees?

The "7-minute labor law" refers to a Fair Labor Standards Act (FLSA) guideline allowing employers to round employee time to the nearest quarter hour (15 minutes), where 1-7 minutes late/early is rounded down, and 8-14 minutes past the quarter is rounded up, ensuring that over time, all time worked is paid, preventing systematic underpayment, though some states like California have stricter rules, banning meal period rounding and requiring more precise tracking. 

Can you resign if you are under investigation at work?

While you can resign during an investigation, it may impact your legal rights, including unemployment benefits. It's advisable to consult with a lawyer before deciding to resign during the process.

What is an unfair disciplinary?

Unfair disciplinary actions are those that are disproportionate or unjustified given your employee's behaviour or performance. They fall outside your established, documented procedures for disciplinary action, or are inconsistent from how you've dealt with similar cases in the past.

What is the 3 month rule in a job?

The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI). 

What happens if an employee refuses to attend a disciplinary meeting?

The chairperson must then decide what disciplinary sanctions to impose and inform the employee accordingly. If the employee fails to attend the hearing without good cause, the hearing may continue in the absence of the employee.

How to dispute a disciplinary write-up?

If you feel you've received an unfair write-up, you can dispute it. Gather evidence to support your rebuttal, such as positive performance reviews or your employment contract. Write a letter explaining why you dispute the write-up and provide your evidence.

What are red flag words for HR?

10 Words That Worry HR

  • Discrimination. As you might know, discrimination worries HR teams, juniors and seniors alike. ...
  • Harassment. Harassment complaints create concern because they indicate employees might feel unsafe or disrespected at work. ...
  • Termination. ...
  • Overtime. ...
  • Resignation. ...
  • Burnout. ...
  • Investigation. ...
  • Non-Compliance.

How long does a disciplinary take?

There's also no time limit for disciplinary actions; however, the timescale should be reasonable. If you decide to proceed with dismissal, then inform the employee(s) as soon as possible in writing, including information stipulating their notice period and their right to appeal.

How to survive HR investigation?

Tips For Employees During Workplace Investigations

  1. Why Do Employers Conduct Investigations? ...
  2. Know Your Rights. ...
  3. Review Company Policies. ...
  4. Seek Legal Counsel. ...
  5. Be Calm and Professional. ...
  6. Ask for Clarification. ...
  7. Be Honest. ...
  8. Avoid Speculation.

Can you lose your job with a disciplinary?

This is not only good practice, but also a legal requirement under the ACAS Code of Practice on Disciplinary and Grievance Procedures. Failing to follow a fair process can make any disciplinary action, including dismissal, legally vulnerable – potentially leading to claims of unfair dismissal at an employment tribunal.

Does disciplinary action mean fired?

Though a disciplinary action can result in termination, it doesn't have to. It's up to the employer and managerial team to determine what type of disciplinary action is appropriate for the given violation.

Can you reject a disciplinary?

You have the right to appeal against any disciplinary action your employer takes against you following a disciplinary meeting. You can do this if you feel that the action is wrong or unfair.

Does disciplinary action affect future jobs?

You would still have to disclose the details of any incident to a prospective employer when you next go for a job. Finding employment in these circumstances can prove more difficult, as most employers will want to know the outcome of your case before deciding whether to employ you.

Can a future employer find out I was fired?

Even if your previous employer doesn't disclose details of your termination, they may tell the potential employer that you were terminated, which doesn't reflect well on you if you stated that you were laid off.

Can I record a meeting between me and my boss?

The federal Electronic Communications Privacy Act (ECPA) allows recording with one-party consent, meaning if you're part of the conversation, you can legally record it without notifying the other party.