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Second Disciplinary Meeting Notice UK: Employer Guide

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Part ofUK Employment Law Guide for Employers (2025)

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When an employee has already received a formal warning but their conduct has not improved, the next stage of the disciplinary process usually involves calling a further meeting. Getting the paperwork right at this point matters, because a poorly handled second stage can undermine every step that follows, including any eventual dismissal. This guide walks through what a Notice of Second Disciplinary Meeting is, when it is appropriate to issue one, and how it fits into the wider framework set out in the ACAS Code of Practice on disciplinary and grievance procedures. It is written for employers, HR managers and business owners in England and Wales who want to handle ongoing misconduct fairly, lawfully and in a way that holds up to scrutiny if the matter is later challenged at an employment tribunal.

What this document is

A Notice of Second Disciplinary Meeting is the written invitation an employer sends to an employee when further disciplinary action is being considered after an earlier warning has already been given. It is used where the employee's behaviour at work has not improved, or where a fresh act of misconduct has taken place while an earlier warning is still live on their file.

The notice serves several purposes at once. It formally puts the employee on notice that a further disciplinary hearing is going to take place, sets out the allegations being considered at that hearing, and confirms the practical arrangements such as the date, time and venue.

It also reminds the employee of their statutory right to be accompanied by a colleague or a trade union representative under section 10 of the Employment Relations Act 1999. Crucially, the letter should make clear what level of sanction is being contemplated, which at the second stage may include a final written warning or, in serious cases, dismissal. Giving the employee this information in advance is a key part of a fair procedure.

How to use this document

  1. Check the earlier warning is still live. Before issuing a further notice, confirm that the previous written warning is still within its active period under your disciplinary policy. If the earlier warning has expired, you generally cannot treat the current incident as a repeat and any escalation risks being judged unfair. 2. Carry out a fresh investigation. Every disciplinary step must be supported by its own investigation into the latest allegations. Gather witness statements, relevant records, CCTV where appropriate, and any documents the employee may need to see. Keep the investigation and the decision-making stages separate wherever you can. 3. Draft and send the notice in writing. The letter should identify the alleged misconduct in clear terms, refer back to the earlier warning, attach or reference the evidence being relied on, and confirm the date, time and location of the meeting. Give the employee reasonable time to prepare, which in most cases means several working days. 4. Confirm the right to be accompanied. State explicitly that the employee may bring a work colleague or a trade union representative to the hearing. This is a statutory right and failing to mention it is one of the most common procedural mistakes employers make at this stage. 5. Hold the meeting and record the outcome. Chair the meeting fairly, let the employee respond to each allegation, and take proper notes. Once a decision has been reached, confirm it in writing, explain the reasons, set out any sanction imposed, and tell the employee how to appeal and the time limit for doing so.

Common questions

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Common questions

Q When should I issue a second disciplinary notice rather than starting over?
You would typically issue a further notice where an earlier written warning is still live on the employee's record and the same or similar conduct has recurred. If the new issue is unrelated and serious in its own right, it may be more appropriate to treat it as a separate matter and begin a fresh disciplinary process. The right approach depends on your own policy wording and the nature of the behaviour.
Q How much notice of the meeting do I have to give?
The ACAS Code does not set a fixed number of days but requires that the employee has enough time to prepare their response and to arrange a companion if they wish to bring one. In practice, giving at least several working days is sensible. Rushing the meeting, or holding it with only a day's notice, increases the risk that the process will later be found to be unfair.
Q Can the meeting result in dismissal?
Yes, depending on the employee's disciplinary history and the seriousness of the current allegations. If dismissal is a possible outcome, this must be made clear in the notice letter so the employee understands what is at stake and can prepare accordingly. Failing to warn an employee that their job is at risk is a frequent ground for a finding of unfair dismissal at tribunal.
Q What if the employee refuses to attend the meeting?
If an employee does not attend without a good reason, you can usually rearrange once and then, if they still refuse, consider proceeding in their absence. Your policy should set out how this is handled. Document every attempt to engage with the employee and any explanation they offer, as tribunals will look closely at whether you acted reasonably before making a decision without them.
Q Does the ACAS Code of Practice apply to my business?
The ACAS Code of Practice on Disciplinary and Grievance Procedures applies to employers of all sizes in Great Britain. While a failure to follow the Code does not itself make a dismissal unlawful, an employment tribunal can adjust compensation by up to 25 per cent where either party has unreasonably failed to comply. Following the Code is therefore strongly recommended.
Q Who can the employee bring to the meeting?
Under the Employment Relations Act 1999, the employee has the right to be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union. The companion can address the meeting and confer with the employee but generally cannot answer questions on their behalf. You should confirm this right clearly in the notice letter.
Q What records should I keep after the meeting?
Keep a written note of who attended, what was said, the evidence considered, the decision reached and the reasons for it. You should also retain the invitation letter, any supporting documents shared with the employee, and the outcome letter. These records are important if the employee appeals internally or later brings a claim to an employment tribunal.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.