60 second guide: to disciplinary procedures
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Employers that need to formally discipline an employee for misconduct or poor performance should follow their internal procedure, which must comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures (the code). Failure to comply with the code can result in successful employment tribunal claims and an increase in compensation awarded.
The minimum steps:
Carry out a reasonable investigation into the complaint or allegation. Depending on the nature of the allegations, it may be appropriate to suspend an employee on full pay during the investigation. Suspension should be kept as brief as possible.
Invite the employee to a disciplinary hearing if there is a case to answer. The invitation must be in writing and state the:
- time and place of the meeting;
- allegations/complaints;
- possible outcome of the hearing;
- employee's right to be accompanied at the hearing by a colleague or a trade union representative.
The employer would normally be expected to provide the employee with any relevant evidence in advance of the hearing. The hearing must be held without unreasonable delay. The employee should be given an opportunity to comment on the allegations/evidence.
If the allegations are upheld, apply the appropriate sanction. The employee should be informed of the decision promptly and in writing.
An employee who is issued a written warning must be told of the required improvement, the timescale for improvement and consequences of failure to improve or further misconduct. Dismissal would only usually be appropriate if the employee is already subject to a 'live' written or final written warning, or is found to have committed gross misconduct. Sanctions should be consistent across the workforce.
Give the employee an opportunity to appeal. Appeals must be heard without delay – where possible by a more senior manager, not previously involved. The employee has a right to be accompanied at the appeal hearing.
Keep detailed contemporaneous notes.
