Disciplinary procedures: the correct process step by step (England & Wales)

Not every issue needs a formal disciplinary process. Acas guidance recommends considering whether an informal conversation could resolve the matter first — a formal process should be reserved for situations an informal approach can't fix, or for serious misconduct.

Before any disciplinary hearing, gather the facts through a reasonable investigation — this might mean interviewing witnesses, reviewing evidence, or holding an investigation meeting with the employee. The investigator should, where practicable, be someone other than the person who will decide the outcome.

Use the investigation meeting invite letter to arrange this meeting.

The Acas Code of Practice requires the employee to be given the allegation and supporting evidence in advance, so they can properly prepare a response. They have a statutory right to be accompanied by a trade union representative or a work colleague at the hearing (Employment Relations Act 1999, s.10).

Use the disciplinary hearing invite letter to give notice of the hearing, the allegation, and the evidence.

Give the employee a proper opportunity to respond to the allegation and ask questions, before any decision is made. Deciding the outcome in advance of the hearing — or without giving the employee a genuine chance to respond — is one of the most common ways a dismissal is later found unfair.

The outcome should be proportionate to what actually happened, taking into account the employee's disciplinary record and any explanation given. Confirm the decision — no action, a warning or other disciplinary action, or dismissal — and the right of appeal, in writing.

Use the disciplinary outcome letter for this step.

Every disciplinary decision should carry a right of appeal. Where reasonably practicable, the appeal should be heard by someone more senior who was not involved in the original decision.

Use the appeal outcome letter to confirm the result of the appeal.

Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, an employment tribunal can adjust an unfair dismissal award by up to 25% — upward if the employer unreasonably failed to follow the Acas Code of Practice on disciplinary and grievance procedures, or downward if the employee did. Following the Code doesn't guarantee a fair outcome, but departing from it carries a direct financial consequence at tribunal.