Handling a disciplinary issue at work is stressful and easy to get wrong — and getting it wrong is expensive. This guide sets out a fair disciplinary procedure step by step, based on the ACAS Code of Practice on disciplinary and grievance procedures and GOV.UK guidance, so you can act fairly and stay compliant.
The ACAS Code of Practice
The ACAS Code is the minimum standard an employer should follow when dealing with discipline and grievances. It is not optional: employment tribunals take it into account, and can adjust compensation by up to 25% for an unreasonable failure to follow it — increasing an award by up to 25% if the employer did not follow the Code, or reducing it by up to 25% if the employee did not (source: ACAS Code of Practice).
A fair disciplinary procedure, step by step
ACAS sets out a clear sequence (source: ACAS — Disciplinary procedure step by step):
- Consider resolving it informally first. Before starting a formal procedure, see whether the problem can be dealt with informally — a quiet word often resolves minor issues.
- Investigate to establish the facts. Carry out a reasonable investigation before deciding whether there is a disciplinary case to answer. Keep the investigation and any hearing separate, ideally handled by different people.
- Tell the employee in writing. Set out the issue, the evidence, the possible consequences, and the time and place of the hearing, with enough notice to prepare.
- Hold a disciplinary hearing. Give the employee a fair chance to state their case and respond to the evidence before any decision is made.
- Decide the outcome and confirm it in writing. Base the decision on the evidence and act consistently with how similar cases have been handled.
- Offer the right to appeal. The employee must be given the chance to appeal the decision, heard by someone not previously involved where possible (source: GOV.UK — Taking disciplinary action).
The right to be accompanied
Workers have a statutory right to be accompanied at a disciplinary hearing (Employment Relations Act 1999, source: legislation.gov.uk). Where the worker makes a reasonable request, the companion may be a fellow worker, a trade union representative, or a trade union official. The companion can address the hearing, put and sum up the worker's case and confer with them, but cannot answer questions on the worker's behalf. If the chosen companion is unavailable, the employer must postpone the hearing to a time proposed by the worker, provided it is reasonable and within five working days of the original date (source: ACAS).
Possible outcomes
Depending on the seriousness and the employee's record, a disciplinary can result in no action, informal resolution, a first (written) warning, a final written warning, or — for serious or repeated misconduct — dismissal. Gross misconduct can justify dismissal without notice, but only after a fair investigation and hearing. Always apply warnings consistently and keep clear, dated records.
Sources
This guide is based on primary sources — confirm the current position for your situation: ACAS Code of Practice, ACAS disciplinary procedure, GOV.UK disciplinary procedures and the Employment Relations Act 1999. This is a guide, not legal advice.