A fair disciplinary procedure protects your business as well as your staff. With tribunal time limits now six months and the unfair dismissal qualifying period falling to six months from January 2027, following the process properly matters more than ever. This step-by-step guide follows the Acas Code of Practice.
Step 1: Consider an informal approach
Many minor conduct or performance issues can be resolved with a private, informal conversation. Make a note of what was discussed and what you expect to change.
Step 2: Investigate
Establish the facts without unreasonable delay. Speak to the employee and any witnesses, and gather documents. Where possible, the investigating manager should not be the person who hears the disciplinary.
Step 3: Invite the employee in writing
If there is a case to answer, write to the employee setting out the allegations, the evidence, the possible outcome, and the date, time and place of the hearing. Tell them they can be accompanied by a colleague or trade union representative.
Step 4: Hold the hearing
Go through the allegations and evidence, and give the employee a full chance to respond, ask questions and present evidence. Their companion can put their case and sum up. Adjourn if you need to consider what you have heard.
Step 5: Decide and confirm in writing
Base your decision on the evidence. Confirm it in writing, with your reasons, any warning, how long it will stay on file and what improvement is expected.
Step 6: Offer an appeal
Tell the employee how to appeal and by when. Where possible, the appeal should be heard by a more senior manager who has not been involved.
Why following the Acas Code matters
Employment tribunals take the Code into account. Where an employer has unreasonably failed to follow it, the tribunal can increase any award by up to 25%.
Frequently asked questions
Can we dismiss for a first offence?
Only for gross misconduct, such as theft, violence or serious negligence, and only after a fair investigation and hearing.
How long should a warning last?
Your policy should say. Six months for a first written warning and 12 months for a final written warning are common.
Free templates. Download our disciplinary and grievance template pack, with investigation notes, invitation, hearing notes, outcome and appeal letters. Need someone to run it for you? See disciplinary support.
This article is general guidance and is not legal advice for your situation.
Source: Acas Code of Practice on disciplinary and grievance procedures.
