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Disciplinary Support for Employers
Handle misconduct fairly, confidently and in line with the Acas Code, from the first investigation to the final appeal, with expert HR support at every stage.
Disciplinary support
Handle Disciplinaries Fairly and Confidently
Dealing with misconduct is never easy. Get the process wrong and even a fair decision can lead to an unfair dismissal claim, a discrimination claim or a damaged team.
Clearpath UK guides you through every stage of a disciplinary, from the first investigation to the outcome and any appeal. We make sure the process is fair, consistent, properly documented and in line with the Acas Code of Practice.
Know the difference
Misconduct or Performance?
Getting the route right from the start shapes the whole process. We help you decide which procedure to follow.
Misconduct
When an employee breaks a rule or behaves unacceptably, such as lateness, rudeness or breaching a policy.
WHAT TO KNOW
Capability
When an employee isn’t performing to the standard required, despite trying, or can’t do the job because of ill health.
WHAT TO KNOW
How we support you
How We Come In and Support You
Every case is different, so you choose how involved we are. We can advise from the sidelines or run the whole process for you.
We advise
You run it, we’re in your corner
Expert guidance by phone and email while your managers handle the process.
- Step-by-step process plan
- Template letters and scripts
- Advice whenever questions come up
We guide
We work alongside your team
An HR adviser plans each stage with you and prepares the paperwork.
- Everything in We advise
- Tailored letters and hearing packs
- Manager briefings before every meeting
We run it for you
Hands-on, start to finish
We manage the whole process, including investigations and hearings, on site or remotely.
- Everything in We guide
- Independent investigations
- Independent appeal hearings
Step by step
A Fair Process: Before, During and After
Most disciplinary cases follow the same stages. Following them carefully is what makes a decision fair.
Investigation
The hearing
Outcome and appeal
Avoid costly mistakes
Common Disciplinary Pitfalls
A fair decision can still become an unfair dismissal if the process is wrong. These are the mistakes we see most.
Serious acts such as theft, fraud, violence or serious insubordination can justify dismissal without notice. Your policy should give examples, but every case still needs a fair investigation and hearing.
Skipping the investigation
Deciding the outcome before the facts are established is one of the most common reasons dismissals are found unfair.
Not sharing the evidence
The employee should see the evidence in good time, so they can respond properly at the hearing.
Refusing a companion
Workers have a legal right to be accompanied at a disciplinary hearing by a colleague or trade union representative.
Inconsistent treatment
Treating similar cases differently can undermine a decision and lead to claims of unfairness or discrimination.
Same manager throughout
Where possible, the investigator, the hearing manager and the appeal manager should be different people.
No right of appeal
Every outcome should come with the right to appeal, heard impartially and ideally by a more senior manager.
The usual stages
How Disciplinary Warnings Work
Most disciplinary procedures build up in stages, so employees have a fair chance to improve. Your own policy may differ, so always check it first.
Informal discussion
A quiet word to set out the concern and what needs to change. Not a formal warning.
First written warning
A formal warning after a hearing, setting out the problem, the improvement needed and what happens next.
Often live for 6 monthsFinal written warning
For further misconduct, or a first offence serious enough to go straight to this stage.
Often live for 12 monthsDismissal or other sanction
If there’s no improvement, the next step may be dismissal, or another option your policy allows, such as demotion.
Always with a right of appealGross misconduct can skip the earlier stages. Serious acts such as theft, violence or fraud may justify dismissal for a first offence, but only after a fair investigation and hearing.
Unfair dismissal protection after six months
Under the Employment Rights Act 2025, employees with six months’ service will be able to claim unfair dismissal. A fair disciplinary process will matter for newer staff too, so now is the time to review your policy and train your managers.
Warning periods vary between employers. Your disciplinary policy should set out how long each warning stays on file.
Extra care needed
Situations That Need Extra Care
Some disciplinary cases carry a higher risk. Taking advice early can stop a straightforward case becoming a costly claim.
Sick leave and mental health
Absence, stress or a health condition may be linked to the conduct. Consider occupational health advice and any adjustments before going ahead.
Disabled employees
Make reasonable adjustments to the process, such as extra time, breaks or a different meeting format.
Pregnancy and maternity
Take extra care to make sure any action is genuinely unrelated to pregnancy or maternity leave.
Grievances raised mid-process
Where a grievance overlaps with the disciplinary, it may be sensible to pause and deal with it first, or deal with both together.
Whistleblowers
If the employee has raised concerns, make sure the disciplinary isn’t, and doesn’t look like, a response to that.
Example case
A Serious Harassment Case, Handled Properly
When an employee raised concerns about stalking and harassment by a colleague, our client needed to act quickly, protect everyone involved and reach a decision that would stand up to scrutiny.
An employee reported being stalked and harassed by a colleague. The allegations were serious, sensitive and needed careful, confidential handling.
We advised on protecting the employee who raised the concern, then carried out a thorough investigation, gathering evidence and statements before any decision was made. We prepared the paperwork and supported the client through the disciplinary hearing.
Following a fair and well-documented process, the employee responsible was removed from the business, and our client could show every step it had taken.
What we deliver
Your Disciplinary Toolkit
Whichever level of support you choose, we can prepare every document you need, tailored to your business and ready to use.
Acas Code compliant · Tailored · Ready to useYou may also need
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First Class in Every Aspect
“Absolutely first class with help in every aspect of my business. The knowledge and time invested in me and my business has been exceptional.”
Kept Informed Throughout
“I had an excellent experience with Clearpath. The team was professional, supportive, and kept me informed throughout the recruitment process.”
Long-Term Sickness Resolved
“We spoke to Clearpath in relation to one of our staff who was on long term sick, Clearpath supported us with our difficulties and provided a resolution. Highly recommended.”
Let’s Get Started: Contact Clearpath UK Today
Ready to create a positive, high-performance work environment? Contact our expert team to discuss how we can help.
Book your free consultation today — we’re excited to help your business thrive.
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Frequently Asked Questions
Do I have to follow the Acas Code of Practice?
The Code isn’t law in itself, but tribunals take it into account. If you unreasonably fail to follow it, any compensation awarded can be increased by up to 25%.
Can an employee bring someone to a disciplinary hearing?
Yes. Workers have a legal right to be accompanied by a colleague or a trade union representative at a disciplinary hearing that could result in a formal warning or other action.
Should I suspend the employee?
Only if it’s genuinely necessary, for example to protect an investigation or other people. Suspension should be as short as possible, is usually on full pay, and is not a disciplinary sanction.
Can I dismiss for a first offence?
Only for gross misconduct, and even then you need a fair investigation, a hearing and a right of appeal before reaching a decision.
Can you run the investigation or hearing for us?
Yes. We can carry out independent investigations and hearings, or support your managers to run them, on site or remotely.
What if the employee goes off sick with stress during a disciplinary?
It’s common. Consider occupational health advice on whether they’re fit to attend, and offer alternatives such as a later date, a different venue or written submissions. You don’t have to postpone indefinitely, but you do need to act reasonably.
Can we hold the hearing if the employee doesn’t attend?
If they miss the hearing without good reason, it’s usually fair to rearrange once. If they still don’t attend, you may be able to go ahead and decide on the evidence available, but take advice first and record your reasons.