Disciplinary issues arise when an employer identifies problems with an employee’s conduct or performance and needs to address them.

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A fair and compliant disciplinary process is essential to avoid claims of unfair dismissal or breach of contract.

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1. Obligation to follow the ACAS Code

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If an employee has at least 2 years’ continuous service, the employer must follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.

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However, it is best practice to apply the disciplinary procedure to all employees, regardless of length of service, because it:

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• ensures fairness and consistency

• reduces discrimination risks

• strengthens the employer’s position in Tribunal proceedings

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2. Key stages of a fair disciplinary process

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The ACAS Code requires employers to:

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a) conduct a reasonable investigation

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• gather evidence

• interview the employee and witnesses

• review documents

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b) inform the employee of the allegations

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• in writing

• with sufficient notice

• with supporting evidence

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c) allow the employee to respond

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• right to a meeting

• right to be accompanied

• opportunity to present evidence and witnesses

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d) make a fair and proportionate decision

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• verbal or written warning

• final written warning

• dismissal (only for serious cases)

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e) offer a right of appeal

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• reviewed by someone more senior or independent

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3. Consequences of failing to follow the ACAS Code

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If an employee brings an unfair dismissal claim, the Tribunal may:

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• increase compensation by up to 25% if the employer unreasonably failed to follow the Code

• find the dismissal procedurally unfair

• question the employer’s credibility

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Even minor procedural errors can have major financial consequences.

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4. Common employer mistakes

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• no investigation or an inadequate one

• rushing to dismissal

• failing to provide written allegations

• denying the employee a chance to respond

• no right of appeal

• emotional or reactive decision‑making

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Avoiding these mistakes significantly reduces legal risk.

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5. How I help employers

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• drafting ACAS‑compliant disciplinary procedures

• advising on misconduct, performance and gross misconduct cases

• supporting investigations

• preparing disciplinary letters and documentation

• representing employers in ACAS and Tribunal proceedings