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Understand UK disciplinary procedures step by step. Our practical guide covers the ACAS Code, your rights at hearings, appeals, and what happens if things go wrong. For employers and employees.
Written by: Fflur Jones, Employment Law Partner, Darwin Gray | Last updated: 20/04/2026 | Reviewed by: Fflur Jones
Being involved in a disciplinary process is stressful, whether you’re the employer raising concerns or the employee on the receiving end. For employers, getting the procedure wrong can lead to tribunal claims, damaged workplace relationships, and significant financial exposure. For employees, facing disciplinary action can feel overwhelming, particularly if you’re unsure of your rights or what happens next.
The good news is that there are clear rules on how to get this right. UK employment law sets out what a fair disciplinary procedure looks like, and the ACAS Code of Practice provides a straightforward framework that both sides should follow.
This guide explains how disciplinary procedures work in practice. We’ll walk through each stage of the process, cover your rights if you’re facing a disciplinary meeting, and set out what employers need to do to stay on the right side of the law when taking formal disciplinary action. Whether you’re drafting a policy, preparing for a meeting, or trying to understand what your options are, you’ll find practical guidance here.
A disciplinary procedure is a formal process that employers use to address concerns about an employee’s conduct or performance. It provides a structured way to investigate issues, give employees a chance to respond, and decide on appropriate outcomes.
The procedure might be triggered by:
Having a clear procedure benefits everyone. Employers can address problems consistently and fairly, reducing the risk of tribunal claims. Employees know what to expect and have the opportunity to put their side of the story before any decisions are made.
Under the Employment Rights Act 1996, all employers must have a disciplinary procedure and make it available to employees. While the law doesn’t prescribe exactly what the employer’s disciplinary procedure should contain, it must be fair. The benchmark for fairness is the ACAS Code of Practice on disciplinary and grievance procedures.
If a case ends up at an employment tribunal, judges will look at whether the employer followed the ACAS Code, as well as the employer’s own procedure. Unreasonable failure to do so can result in compensation being increased by up to 25%. That’s a significant penalty for cutting corners.
The ACAS Code of Practice on disciplinary and grievance procedures sets the minimum standard that employers should follow when dealing with disciplinary issues. It came into effect on 11 March 2015 and applies to all disciplinary situations involving misconduct or poor performance.
The Code isn’t technically law, but employment tribunals must take it into account when deciding cases. An employer who ignores it is taking a serious risk.
The ACAS Code requires employers to follow these fundamental steps:
These steps apply regardless of how serious the alleged misconduct is. Even in gross misconduct cases where summary dismissal might be appropriate, the employer must still investigate and hold a hearing before making a decision.
Alongside the ACAS Code on Disciplinary and Grievance Procedures, ACAS publishes a more detailed guide on discipline and grievances at work. This isn’t a statutory document, but it provides helpful good practice advice and is often referred to by tribunals when interpreting the Code.
Let’s break down each stage of a typical disciplinary process.
Not every problem needs a formal process. For minor issues, particularly first-time concerns, an informal conversation might be enough. A quiet word about timekeeping or a coaching session on performance standards can often resolve things without the stress and formality of a disciplinary procedure.
ACAS recommends trying informal approaches first where appropriate. If the issue persists or is too serious for informal handling, you can move to the formal process.
For employers: Document any informal conversations. If matters escalate later, you’ll want a record showing you tried to address concerns early.
For employees: Take informal feedback seriously. Addressing issues at this stage can prevent them from becoming formal disciplinary matters.
Before starting formal proceedings, the employer must carry out a full and fair investigation. The purpose is to establish what actually happened and whether there’s a case to answer.
A good investigation involves:
The investigation should be conducted by someone who won’t be making the final disciplinary decision, where practical. In smaller organisations this isn’t always possible, but the principle of separating investigation from decision-making is important for fairness.
How long should it take? There’s no fixed timeframe, but investigations should be completed without unnecessary delay. Complex cases naturally take longer, but leaving an employee in limbo for months is rarely justifiable.
Suspension isn’t always necessary, and it shouldn’t be treated as a punishment. It’s a precautionary measure, typically used when:
If suspension is necessary, it should normally be on full pay. The ACAS guide warns that unpaid suspension could be seen as a disciplinary sanction in itself, potentially undermining the fairness of the process.
Suspension should be kept as brief as possible and reviewed regularly. Prolonged suspension without good reason can damage trust and may even lead to constructive dismissal claims.
Once there’s a case to answer, the employer must write to the employee setting out:
Give the employee enough time to prepare. There’s no legal minimum notice period for a disciplinary hearing, but a minimum of 2 working days is normally reasonable. For complex cases with lots of evidence to review, more time may be needed.
Tip for employers: Include copies of relevant evidence with the letter. Surprising the employee with documents at the hearing isn’t fair and could undermine your process.
The hearing is a formal meeting where the employer considers all the evidence and the employee has the chance to respond.
What should happen:
Who should conduct the hearing? Ideally someone senior enough to make decisions, who wasn’t involved in the investigation. In practice, this isn’t always possible in smaller organisations, but the key is that whoever conducts the hearing approaches it with an open mind.
Right to be accompanied: By law, employees can bring a companion to disciplinary hearings. This must be either a work colleague or a trade union official. Some employers allow other companions (like a family member or lawyer), but they’re not legally required to.
The companion can confer with the employee, address the hearing, and sum up the employee’s case. They can’t answer questions on the employee’s behalf.
If the employee can’t attend: The employer should try to rearrange if the employee is genuinely unable to attend (for example, due to illness). If the employee repeatedly fails to engage, the employer may need to proceed in their absence, but should give them the opportunity to submit a written statement.
After the hearing, the employer should take time to consider the evidence before making a decision. Making up your mind during the hearing itself can look like the outcome was predetermined.
Possible outcomes include:
The decision should be proportionate to the circumstances. Length of service, previous disciplinary record, any mitigating factors, and how similar cases have been handled in the past should all be considered.
Communicate the decision: The outcome should be confirmed in writing, including:
Employees should always be offered the right to appeal. This is a fundamental part of a fair procedure, and failing to provide it will count against an employer at tribunal.
The appeal should be heard by someone more senior than the original decision-maker, if possible. It’s an opportunity to review whether the decision was fair and the procedure was properly followed.
Appeal grounds might include:
The outcome of the appeal should be communicated in writing. If the appeal is successful, the employee may be reinstated, have their warning removed, or have the sanction reduced.
If you’re facing disciplinary action, it helps to know what you’re entitled to.
You have a legal right to bring a companion to any disciplinary hearing where a warning or other action might be taken. Your companion must be either:
Your employer isn’t legally required to allow anyone else, such as a solicitor, partner, or family member. Some employers do allow this as a matter of policy, so it’s worth checking your workplace procedures.
You should receive written notice of the allegations against you, along with enough detail and evidence to prepare your response. Being ambushed with new allegations at the hearing isn’t fair.
You must be given a genuine opportunity to state your case, present evidence, and respond to what’s been said against you. This includes calling witnesses or providing witness statements if they can support your position.
If you disagree with the outcome, you should have the opportunity to appeal. Don’t wait too long to lodge your appeal – check your employer’s policy for deadlines.
If you’re dismissed and believe it was unfair, you have three months minus one day from the date your employment ended to start an employment tribunal claim. This deadline is strict, although it’s increasing to six months minus one day from October 2026. You’ll need to contact ACAS for early conciliation first, which can extend the deadline slightly, but don’t leave it to the last minute.
Your disciplinary policy should be in writing and easily accessible to all employees. It should set out:
Make the policy non-contractual if possible. This gives you flexibility to update it as needed without requiring individual consent from every employee.
Treating similar situations differently is one of the quickest ways to undermine your process. If you dismissed one employee for something but gave another a warning for the same thing, you’ll need to explain why. Inconsistency suggests unfairness and makes tribunal claims more likely to succeed.
Keep detailed records of investigations, hearings, decisions, and appeals. If a case goes to tribunal, contemporaneous notes are far more persuasive than reconstructed memories. Record:
Managers who conduct disciplinary hearings should understand the process and their responsibilities. Poor handling by untrained managers is a common source of procedural failures.
If the employee has a disability, you may need to make reasonable adjustments to the disciplinary process. This might include allowing a support worker to accompany them, providing information in accessible formats, or allowing extra time to respond to allegations.
Gross misconduct is behaviour so serious that it fundamentally destroys the employment relationship, justifying dismissal without notice (sometimes called summary dismissal).
There’s no definitive legal list, but common examples include:
Your disciplinary policy should set out what your organisation considers to be gross misconduct. But even if behaviour is listed in your policy, you still need to assess each case on its facts.
Gross misconduct doesn’t mean you can skip the process. Even when the allegations are serious and dismissal seems inevitable, you must:
Summary dismissal means without notice – it doesn’t mean without process.
Tribunals expect employers to consider mitigating factors before deciding on dismissal. These might include:
Dismissal isn’t automatic. In some cases, a final warning might be more appropriate even where gross misconduct is proven.
If you believe your employer hasn’t followed a fair procedure, or that the outcome was unjust, your options include:
Appeal – Always use your employer’s appeal process first. Tribunals expect you to exhaust internal procedures before bringing a claim.
Raise a grievance – If you believe the disciplinary action was discriminatory or retaliatory, you could raise a grievance. Be aware this can complicate matters, and your employer may decide to deal with both processes together or pause one while the other is resolved.
Employment tribunal claim – If you’ve been dismissed and have the qualifying service (currently two years, reducing to six months from January 2027), you may be able to claim unfair dismissal. Remember the strict time limit for doing so.
If you’ve made mistakes in the process, an appeal can sometimes cure earlier procedural defects. A thorough and fair appeal hearing can demonstrate that overall, the employee was treated fairly.
If a claim is made, take it seriously. Most cases settle before reaching a full tribunal hearing, and early legal advice can help you assess your position and options.
The Employment Rights Act 2025, which received Royal Assent in December 2025, introduces significant changes that will affect disciplinary procedures.
From 1 January 2027, the qualifying period for unfair dismissal claims will reduce from two years to six months. This means employees will be able to challenge their dismissal much earlier in their employment.
For employers, this makes following proper disciplinary procedures even more important from day one. Performance issues and conduct concerns need to be addressed promptly and documented properly during probation periods.
From October 2026, dismissing an employee in order to rehire them on less favourable terms will be automatically unfair, except where the business’s viability is at stake. This will affect how some employers use the threat of dismissal in contractual disputes.
The statutory cap on unfair dismissal compensation is being removed. Currently, compensation is limited to the lower of 52 weeks’ pay or £123,543. After the changes, high earners will be able to claim based on their actual losses, significantly increasing the financial stakes.
There’s no fixed timeframe. Simple cases might be resolved in a few weeks, while complex investigations can take months. The key is to proceed without unnecessary delay while ensuring the process is thorough and fair.
For ordinary misconduct, employers typically follow a warnings system before dismissing. But for gross misconduct, dismissal for a first offence can be fair if the behaviour is serious enough and a proper procedure is followed.
Misconduct is behaviour that breaks workplace rules but can usually be addressed through warnings and improvement plans. Gross misconduct is behaviour so serious that it destroys the employment relationship and may justify immediate dismissal. The distinction depends on the severity and impact of the conduct.
Not as of right. The statutory right to be accompanied only covers colleagues and trade union representatives. Some employers allow legal representation as a matter of policy, particularly for senior employees, but they’re not required to. It doesn’t hurt to ask.
This varies by employer and should be set out in your disciplinary policy. First written warnings typically last 6-12 months; final written warnings might last 12-24 months. After the specified period, the warning should be disregarded for future disciplinary matters.
Suspension should normally be on full pay. Unpaid suspension could be seen as a disciplinary sanction itself, which would undermine the fairness of any subsequent process. Check your contract to see whether it allows for suspension during an investigation.
You can resign at any time, but it won’t necessarily stop the process. Some employers continue investigations even after resignation, particularly if professional registrations or references might be affected. Resigning also doesn’t prevent the employer from providing an honest reference about the circumstances.
Currently, you generally need two years’ continuous service. But some dismissals are “automatically unfair” regardless of length of service – for example, dismissals related to pregnancy, whistleblowing, or asserting statutory rights. From January 2027, the qualifying period reduces to six months.
Document everything. Appeal the decision using your employer’s internal process. If that doesn’t resolve matters and you believe you have a claim, seek legal advice promptly. Remember the three-month time limit for tribunal claims.
Yes. Although employees with less than two years’ service (six months from 2027) can’t claim ordinary unfair dismissal, employers should still follow a fair process. This protects against discrimination claims and demonstrates good management practice.
| Term | Definition |
|---|---|
| ACAS Code of Practice | The statutory guidance setting minimum standards for disciplinary and grievance procedures. Tribunals must consider whether it’s been followed. |
| Companion | A colleague or trade union representative who accompanies an employee to a disciplinary hearing. |
| Constructive dismissal | When an employee resigns because the employer’s conduct has fundamentally breached the employment contract. |
| Gross misconduct | Behaviour serious enough to justify summary dismissal, such as theft, violence, or serious safety breaches. |
| Mitigating factors | Circumstances that don’t excuse behaviour but may reduce the severity of the outcome, such as length of service or personal difficulties. |
| Summary dismissal | Dismissal without notice, typically following gross misconduct. Still requires a fair procedure. |
| Unfair dismissal | A dismissal where the employer didn’t have a fair reason or didn’t follow a fair procedure. Employees generally need two years’ service to claim (reducing to six months from 2027). |
| Written warning | A formal record that the employee’s conduct or performance fell below acceptable standards, with expectations for improvement. |
Stage 1: Issue Identified ↓ Consider informal resolution first ↓ If unresolved or too serious for informal handling:
Stage 2: Investigation ↓ Gather evidence, interview witnesses, establish facts ↓ Suspend on full pay if necessary (serious cases only) ↓ Is there a case to answer?
Stage 3: Notification ↓ Write to employee with allegations, evidence, potential outcomes, and hearing details ↓ Allow reasonable time to prepare
Stage 4: Disciplinary Hearing ↓ Present allegations and evidence ↓ Employee responds and presents their case ↓ Right to be accompanied (colleague or union rep)
Stage 5: Decision ↓ Consider evidence, decide outcome ↓ Possible outcomes: No action | Warning | Final warning | Dismissal ↓ Confirm in writing with reasons and right of appeal
Stage 6: Appeal (if requested) ↓ Heard by someone more senior (where possible) ↓ Review whether decision and procedure were fair ↓ Confirm outcome in writing
Disciplinary situations can escalate quickly, and the stakes are high for both employers and employees. We work with both sides, providing clear, practical advice to help you navigate the process.
We’re direct, responsive, and focused on finding practical solutions. You’ll work with the solicitor handling your case, not through layers of gatekeepers. And as Wales’ leading Welsh language law firm, we can provide all our services in Welsh or English.
Need advice on a disciplinary matter? Contact us for a free, no-obligation chat about how we can help.
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