Disciplinary & Grievance
Navigate disciplinary and grievance procedures with confidence. Our CIPD-qualified consultants guide you through every step — from initial investigation to final outcome — ensuring full compliance with the ACAS Code of Practice and UK employment law.
End-to-End Process Support
Whether you are managing a conduct issue or responding to an employee complaint, we provide hands-on guidance at every stage to ensure the process is fair, consistent, and legally robust.
Disciplinary Procedure Guidance
Step-by-step advice on managing misconduct and poor performance in line with the ACAS Code of Practice. We help you determine the appropriate sanction — whether that is a verbal warning, written warning, final warning, or dismissal — and ensure every action is proportionate and documented.
Grievance Handling
When an employee raises a formal complaint, the way you respond sets the tone. We guide you through acknowledging the grievance, conducting a thorough investigation, holding the grievance meeting, and communicating the outcome — all within reasonable timescales and in full accordance with your grievance policy.
Investigation Support
A fair process starts with a thorough investigation. We help you plan the investigation, prepare interview questions, take witness statements, and compile an investigation report. Where appropriate, we can conduct the investigation on your behalf to ensure impartiality.
Hearing Preparation
We prepare you for disciplinary and grievance hearings by drafting invitation letters, preparing the management case, advising on the right questions to ask, and coaching you on how to chair the meeting fairly and professionally. We can also attend hearings alongside you if required.
Appeal Management
Employees have the right to appeal any disciplinary or grievance outcome. We ensure your appeal process is conducted by a different, impartial manager where possible, that new evidence is properly considered, and that the appeal outcome is clearly communicated and documented.
Get It Wrong and It Costs You Dearly
A poorly handled disciplinary or grievance can lead to an employment tribunal claim for unfair dismissal, discrimination, or constructive dismissal. The average award for unfair dismissal in the UK runs into thousands of pounds — and that is before you factor in legal costs, management time, and reputational damage.
Even where dismissal is not the outcome, a flawed process can destroy trust within your team, increase staff turnover, and leave you vulnerable to future claims. Following the ACAS Code of Practice is not optional — tribunals can increase compensation by up to 25% where an employer has unreasonably failed to follow it.
- Full compliance with the ACAS Code of Practice on disciplinary and grievance procedures
- Significantly reduced risk of costly employment tribunal claims
- Fair, consistent treatment that maintains staff morale and trust
- Thorough documentation that protects your position if challenged
- Confidence to make difficult decisions knowing you have expert backing
Common Questions
What does the ACAS Code of Practice require?
The ACAS Code of Practice on disciplinary and grievance procedures sets out the minimum steps employers must follow. In essence, you must carry out a reasonable investigation, inform the employee of the allegations or complaint in writing, hold a formal meeting where the employee can state their case, allow the employee to be accompanied, make a decision and communicate it in writing, and offer the right of appeal. Failure to follow the Code does not automatically make a dismissal unfair, but a tribunal can increase any award by up to 25%.
How long does a disciplinary or grievance process typically take?
Timescales vary depending on the complexity of the issue. A straightforward misconduct case might be resolved within two to three weeks, whilst a complex grievance involving multiple witnesses could take four to eight weeks. The key is to act without unreasonable delay while still being thorough. We will create a realistic timeline at the outset and keep all parties informed of progress.
What happens at a disciplinary hearing?
A disciplinary hearing is a formal meeting where the employer presents the evidence gathered during the investigation and the employee has the opportunity to respond. The chair will outline the allegations, present supporting evidence, and allow the employee to put forward their case, call witnesses, and ask questions. The employee has the statutory right to be accompanied by a trade union representative or a workplace colleague. After hearing both sides, the chair will adjourn to consider the evidence before delivering a decision.
Can an employee bring someone with them to a hearing?
Yes. Under Section 10 of the Employment Relations Act 1999, employees have the statutory right to be accompanied at a disciplinary or grievance hearing by either a trade union representative or a fellow worker. The companion can address the hearing, confer with the employee, and sum up the employee's case, but they cannot answer questions on the employee's behalf. Some employers choose to extend this right to allow a family member or legal representative, though there is no legal obligation to do so.
When is dismissal an appropriate outcome?
Dismissal is typically appropriate for gross misconduct — such as theft, fraud, violence, or serious breach of safety rules — where it can be justified as summary dismissal without notice. For less serious matters, dismissal usually follows a pattern of warnings (verbal, first written, final written) where the employee has failed to improve. The decision must always be reasonable in the circumstances, and you must be able to demonstrate that a fair procedure was followed. We will advise you on whether dismissal is defensible in each specific case.
Get Expert Guidance Now
Dealing with a disciplinary or grievance? Get same-day advice from a CIPD-qualified consultant who will guide you through every step.