Disciplinary Procedure
A disciplinary procedure is the formal process for addressing employee misconduct or performance issues, following steps including investigation, hearing, warning, and appeal.
processes
Category
intermediate
Difficulty
6 min read
Read time
2025-01-15
Updated
Definition
Short definition
A disciplinary procedure is the formal process for addressing employee misconduct or performance issues, following steps including investigation, hearing, warning, and appeal.
Detailed explanation
A disciplinary procedure is the formal process employers use to address allegations of misconduct or serious performance issues. It should follow the ACAS Code of Practice for fairness.
The standard process includes investigation (gathering facts), notification of allegations in writing, disciplinary meeting (employee can be accompanied), decision communication, and right of appeal.
Outcomes range from no action, informal action, formal warnings (written, final written), to dismissal for gross misconduct or continued misconduct after warnings.
Practical guidance
How it works
Issue arises. Investigation conducted. Employee notified in writing. Hearing held (employee can bring companion). Decision made and communicated. Right of appeal offered.
Best practices
Follow ACAS Code strictly
Investigate thoroughly
Put allegations in writing
Allow preparation time
Document everything
Legal context
Legal basis
ACAS Code of Practice on Disciplinary and Grievance
Jurisdiction: United Kingdom
Key provisions
Investigation before action
Written notification of allegations
Right to be accompanied at hearing
Right of appeal
Tribunal can adjust award 25% for failure to follow Code
Official source
Frequently asked questions
Can I be dismissed without a disciplinary hearing?
Generally no. A fair process requires investigation and a hearing except in very rare circumstances. Dismissal without hearing is likely unfair and may result in tribunal claims.
Who can accompany me to a disciplinary hearing?
You have the right to be accompanied by a trade union representative or work colleague. They can speak and confer with you but generally cannot answer questions on your behalf.
Related glossary terms
ACAS
ACAS is the UK body providing free employment advice, early conciliation before tribunal claims, and publishing codes of practice on disciplinary and grievance procedures.
Unfair Dismissal
Unfair dismissal is when an employee with 2+ years service is dismissed without a fair reason or without a fair procedure under UK employment law.