Is an employee entitled to call witnesses at a disciplinary hearing?
There is no statutory entitlement for an employee to call witnesses at a disciplinary hearing. However, the Acas code of practice on disciplinary and grievance procedures, which is taken into account when tribunals are considering relevant cases, provides that employees should be given a reasonable opportunity to call relevant witnesses. The code states that they should give advance notice of their intention to do so.
The employer should allow the employee to obtain and submit a written statement from a witness who does not attend the hearing, if the witness is willing to provide one.
Some employers' disciplinary policies give employees the right to call witnesses, and this could be a contractual right if such a policy or procedure is incorporated into the employment contract.