Note Taking at Disciplinary Hearings
When faced with a complex disciplinary hearing, it can be difficult to keep track of what is said, decide what to ask next and remember to keep accurate notes as you go along. So having another member of staff, or an independent person, present at the hearing to take notes allows the person leading the hearing to totally concentrate on the process and the explanations the employee provides. SMEs often underestimate the importance of disciplinary notes until decisions are challenged later through appeals, grievances or Employment Tribunal claims. This article concentrates on Note Taking At Disciplinary Hearings.
Why is Note Taking at Disciplinary Hearings Important?
The notes will be referred to as an accurate reflection of what was discussed during the hearing. They could be referred to at the appeal hearing and in defending any resulting Employment Tribunal claim. Tribunals often pay close attention to the notes taken during the investigation, hearing, and appeal. Poor note taking, missing records or unclear documentation can make it significantly harder for employers to demonstrate that a fair process was followed.
The ACAS Code of Practice on Disciplinary and Grievance Procedures doesn’t specify what information should be included in formal records of meetings. These are my Top Tips to getting it right.
Choosing a Note Taker
The person you choose must be independent i.e. not connected in any way to the issues at the heart of the disciplinary proceedings.
How Should the Notes be Recorded?
The notes should be hand written. abbreviations are fine but shorthand would not be appropriate as the employee would not be able to read that back to check for accuracy at the end of the hearing.
Make sure you have sufficient paper, I usually take a new A4 lined notebook, and plenty of spare pens or pencils. Place the initials of who is speaking in the margin and what they say in the main body of the page.
What Should be Recorded?
- Date, time and location of the hearing
- Names and job titles of those present at the hearing
- A verbatim account of what’s discussed isn’t necessary. They should concentrate on the facts presented to prove, or disprove, the allegations and, in particular, the responses given by the employee.
- If there are adjournments during the hearing note the times the hearing stopped and reconvened
- If the conversation is progressing too quickly for you request a pause so you can catch up or ask the chairperson for a recap so you can check you’ve not missed anything
Agreeing the Notes
You’re under no obligation to seek the employee’s approval but I always do as it helps demonstrate that you clarified every issue and haven’t missed anything.
There are two options for gaining agreement:
- Asking the employee to read and sign each individual page of notes at the end of the hearing, or
- sending the notes out with the outcome letter and asking the employee to sign and return them.
Personally, I prefer the second option, especially after a lengthy or complex hearing. Heads can be a bit frazzled and attention to detail can be a little frayed.
Disagreements
If the employee disagrees with the content I ask them to write down their comments and attach them to my own document.
Distributing the Notes
Again you’re under no obligation to send a copy of your notes to the employee but I always send them out with the letter confirming the outcome of the hearing. My preference is to type up the notes at this stage but it’s perfectly acceptable to send them a copy of your hand written notes.
GDPR and Confidentiality Considerations
Disciplinary hearing notes and related documentation will often contain personal and sensitive employee data. This means employers must handle all records in line with UK GDPR and ensure appropriate confidentiality throughout the process.
This may include:
- witness statements,
- hearing notes,
- investigation records,
- correspondence, and
- supporting evidence used during the disciplinary process.
Access to this information should be restricted to those directly involved in the disciplinary process, and records should be stored securely in accordance with internal HR and data protection procedures.
Employers should also be mindful that disciplinary documentation may later be subject to:
- subject access requests (SARs),
- grievance processes,
- appeals, or
- Employment Tribunal disclosure.
This means that informal comments, inconsistent notes or poorly handled documentation may become visible later and could be scrutinised in detail. Care should therefore be taken to ensure that records are factual, professional and focused on the relevant issues being considered.
Maintaining clear confidentiality boundaries, secure storage and consistent documentation practices helps SMEs manage disciplinary processes more safely while reducing GDPR and reputational risk.
Typed Notes vs Verbatim Transcripts
A common misconception in disciplinary hearings is that employers must produce a word-for-word transcript of everything said. In practice, this is not required and is rarely practical in an SME setting.
Disciplinary notes should instead provide an accurate and fair summary of the key points discussed, including:
- the allegations raised,
- the employee’s response,
- key evidence referred to, and
- any relevant explanations or mitigating factors.
What matters most is that the notes are:
- accurate,
- clear, and
- an honest reflection of the discussion.
Attempting to capture every word can sometimes create unnecessary confusion or result in incomplete or inconsistent records if note taking becomes too detailed or disjointed.
The key principle is balance: notes should be detailed enough to demonstrate what was discussed and how decisions were reached, but structured enough to remain usable if the matter is later reviewed, appealed or challenged.
Recordings and Modern Meeting Formats
Disciplinary hearings are increasingly influenced by modern technology and digital communication tools. In some cases, meetings may be conducted via platforms such as Teams or Zoom, and employees may attempt to record proceedings using mobile phones or other devices.
Employers should be clear on whether recording is permitted within their disciplinary procedures and ensure this is communicated in advance where possible.
It is also important to recognise that recordings may:
- be made covertly,
- be shared externally, or
- be used later as part of a grievance or legal claim.
In addition, AI transcription tools and automated note-taking systems are becoming more common, but these should not replace the need for clear human review and accurate meeting records.
Where recordings or digital transcripts are used, employers should ensure they are handled securely and treated in line with GDPR and confidentiality requirements.
Clear expectations around recording, combined with strong internal note-taking practices, help ensure disciplinary processes remain fair, consistent and properly documented.
Common Note-Taking Mistakes in Disciplinary Hearings
Poor or inconsistent note taking is one of the most common weaknesses in disciplinary processes, particularly within SMEs where hearings may be handled without dedicated HR support.
Typical mistakes include:
- failing to take notes during key parts of the hearing,
- relying on memory after the meeting,
- including subjective opinions or emotional language in notes,
- producing incomplete or unclear records,
- not agreeing or confirming notes where appropriate,
- delaying written records for too long after the hearing,
- making changes to notes without clear explanation, and
- failing to share notes appropriately as part of the process.
These issues can create significant problems if a disciplinary decision is later challenged, as missing or unclear documentation can make it difficult to demonstrate what was actually discussed or how conclusions were reached.
Consistent, factual and well-structured notes help ensure the employer can evidence a fair process and support decisions if they are later reviewed through an appeal, grievance or Employment Tribunal claim.
Template Disciplinary Hearing Record
Clear and accurate disciplinary hearing notes can become extremely important if decisions are later challenged through an appeal, grievance, subject access request (SAR) or Employment Tribunal claim. To help SMEs manage disciplinary processes more consistently and professionally, I have created a free Disciplinary / Appeal Hearing Record template which can be adapted for your business.
The download includes both an editable Word version and a PDF reference copy and is designed to help employers document disciplinary hearings, investigations, evidence, employee responses and outcomes in a more structured and evidence-led way.
How KEA HR Supports SMEs
Many SME owners and managers underestimate how important accurate meeting notes and documentation can become until disciplinary decisions are later challenged through an appeal, grievance or Employment Tribunal claim.
In an SMEs you might not have a suitable person to act as note taker and this is where we can step in and provide independent note taking service that will demonstrate procedural fairness.
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