What is a fair disciplinary procedure?
In Great Britain, a fair disciplinary procedure follows the Acas Code of Practice: investigate to establish the facts, tell the employee about the problem in writing, hold a meeting where they can respond, allow them to be accompanied, decide and confirm the outcome in writing, and offer an appeal.
The core steps in the Acas Code
- Carry out necessary investigations without unreasonable delay; in misconduct cases, where practicable, use different people for the investigation and the hearing
- If there is a case to answer, notify the employee in writing with enough information, and normally copies of written evidence, to prepare
- Hold a meeting, go through the evidence and let the employee set out their case, ask questions and call relevant witnesses
- Decide on any action and inform the employee in writing
- Allow an appeal, heard impartially and, wherever possible, by a manager not previously involved
The right to be accompanied
Workers have a statutory right to be accompanied at a disciplinary hearing that could result in a formal warning or other disciplinary action, and at appeals. The companion can be a fellow worker, a trade union official, or a certified trade union representative. If the companion is not available, the employer must postpone to a reasonable time proposed by the worker within five working days of the original date.
Warnings, gross misconduct and suspension
The Code says a first written warning is usual where misconduct or poor performance is confirmed, with a final written warning for further problems. Warnings should say what must change, by when, and how long the warning stays current.
Gross misconduct may justify dismissal without notice for a first offence, but a fair process should still be followed. Any paid suspension should be as brief as possible, kept under review, and made clear that it is not a disciplinary action.
Why it matters at tribunal
Tribunals take the Code into account and can increase or reduce awards by up to 25 per cent for unreasonable failure to follow it. GOV.UK says employers must set out disciplinary rules and procedures in writing.
Acas consulted on a draft updated Code from 30 July to 23 September 2026 and is reviewing responses. The 2015 Code remains the one in force.
The law
“the employer must permit the worker to be accompanied at the hearing by one companion…”
“increase any award it makes to the employee by no more than 25%…”
Sources
- Code of Practice on disciplinary and grievance procedures · Acas
- Step 1: Understanding the options - Disciplinary procedure · Acas
- Acas consultation: draft Code of Practice on disciplinary and grievance procedures · Acas
- Dismissing staff: fair dismissals · GOV.UK
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Employment tribunal time limit increased from 3 to 6 months
- Unfair dismissal qualifying period expected to reduce to 6 months for dismissals from this date (subject to Parliament)
Future dates are expected dates and depend on Parliament.
What employers can do
- Put disciplinary rules, with examples of gross misconduct, in writing
- Try an informal conversation first where the issue is minor
- Investigate promptly and separate investigator and decision-maker where practicable
- Send a written invitation with the allegations, evidence and right to be accompanied
- Confirm the outcome and right of appeal in writing
- Arrange an appeal with a manager not previously involved
Recent tribunal decisions on this topic
Tribunal tracker- Parravox Ltd (In Voluntary Liquidation) Breach of contractTransfer of undertakingsUnfair dismissal Read the decision on GOV.UK
- K.T.C (Edibles) Ltd Public interest disclosureRace discriminationUnfair dismissal Read the decision on GOV.UK
- Kerry Ingredients (UK) Ltd Race discriminationUnfair dismissal Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- How should employers handle a grievance? Employers should try to resolve concerns informally where appropriate. If a formal written grievance is raised, the Acas Code expects a meeting without unreasonable delay, the right to be accompanied, any necessary investigation, a written decision without unreasonable delay, and an appeal heard impartially by a manager not previously involved where possible.
- How should a performance improvement plan work? There is no statutory definition of a performance improvement plan (PIP). Acas guidance says that, if informal steps do not work, a PIP should set specific objectives, a reasonable timeline and any support or training needed, be discussed with the employee and confirmed in writing, and make clear what happens if performance does not improve.
- How long does an employee have to bring an employment tribunal claim? For problems that happened on or after 1 October 2026, most employment tribunal claims in Great Britain must be started within six months less one day. Where the problem happened before 1 October 2026, the old limit of three months less one day still applies to most claims. Breach of contract claims in Scotland move to six months on 9 November 2026.