Employee Passport / HR practice guides
New evidence at a disciplinary hearing
New evidence: Pause and test material new information before reaching a disciplinary decision.
Anonymised practice examples drawn from cases handled by our team.
New evidence: practical approach
A practical approach should record the new issue precisely and explain why it could matter to the allegation. The additional work should address that issue: checking a document, clarifying a chronology or speaking to a relevant witness, for example. The original account should remain distinguishable from later additions so that the decision trail can be understood.
What to check and record
When the matter resumes, the chair should make clear what has changed and what remains disputed. The employee’s response should inform the eventual reasoning, rather than be collected after a conclusion has already been settled. A pause can confirm the original view, change it or leave uncertainty; none of those outcomes should be assumed in advance.
Learning for managers
The transferable lesson is that consistency does not mean refusing to reconsider. A decision process should be able to respond to relevant information without treating the original allegation as established. The quality of the eventual explanation matters more than whether the additional enquiry changed the sanction or merely confirmed the evidence already available.
Manager checklist
- Identify the new material
- Explain why it matters
- Complete focused further enquiries
- Give the employee a chance to respond
Explore outsourced HR support · Browse HR practice guides
Further reading
Acas: disciplinary and grievance procedures
General guidance for Great Britain. Use the relevant policy and advice for a live case.
EMPLOYEE PASSPORT / PRACTICAL HR SUPPORT
Need help applying this?
Bring your workplace question to our team. We will help you work through the options and agree a clear next step.
