How to Run a Fair Disciplinary Process: UK Employer Guide

Disciplinary issues are an inevitable part of managing people. Whether it's persistent lateness, poor performance, or serious misconduct, how you handle the process matters as much as the outcome. Get the procedure wrong, and even a justified dismissal can be ruled unfair.

The ACAS Code of Practice

The ACAS Code of Practice on Disciplinary and Grievance Procedures isn't legally binding in itself, but employment tribunals are required to take it into account. Failure to follow the Code can result in a 25% uplift on any tribunal award — a significant financial penalty on top of compensation.

The Code sets out a straightforward process that every employer should follow:

Step-by-Step Disciplinary Process

1. Investigate Thoroughly

Before any disciplinary action, carry out a reasonable investigation. This means gathering evidence, interviewing witnesses, and establishing the facts. The investigation should be conducted by someone who will not chair the disciplinary hearing — separation of roles is a key fairness requirement.

The standard of investigation should be proportionate to the seriousness of the allegation. For potential gross misconduct, a thorough investigation is essential. For minor issues, a less detailed inquiry may suffice.

2. Notify the Employee in Writing

If the investigation reveals a disciplinary case to answer, write to the employee setting out:

• The specific allegations or concerns
• The evidence gathered during the investigation
• The date, time, and location of the disciplinary hearing
• Their right to be accompanied by a trade union representative or work colleague
• The potential outcomes, including dismissal if appropriate

3. Hold the Disciplinary Hearing

The hearing should be chaired by a manager with authority to make the decision — and who was not involved in the investigation. The employee must be given a genuine opportunity to state their case, ask questions, and present their own evidence. This is a real hearing, not a rubber-stamping exercise.

4. Make a Decision

After the hearing, take time to consider the evidence before reaching a decision. The decision must be proportionate — dismissal for a first minor offence will rarely be fair. Typical sanctions escalate from:

• Verbal warning (often called a first written warning)
• Written warning
• Final written warning
• Dismissal

For gross misconduct — such as theft, violence, or serious insubordination — summary dismissal without notice may be appropriate, but only after a full investigation and hearing.

5. Confirm in Writing

Communicate the decision in writing, including the reasons, any sanction imposed, and the right to appeal.

6. Offer a Right of Appeal

Every employee has the right to appeal a disciplinary decision. The appeal should be heard by a more senior manager who was not involved in the original process. Appeals can review the original decision, consider new evidence, or examine whether the procedure was followed correctly.

Suspension: When and How

Suspension should only be used where necessary — for example, where the allegation is serious and the employee's presence could compromise the investigation. Suspension should be on full pay, reviewed regularly, and kept as brief as possible. It is a neutral act, not a punishment.

Our disciplinary and grievance service supports employers through the entire process. Get in touch before you begin — early advice prevents costly mistakes.