Disciplinary procedure UK: a fair employer process

Understand whether the issue concerns conduct, capability, sickness or something else before beginning a formal disciplinary procedure. Some matters can be resolved informally; serious or unresolved concerns may require a formal process.

The Acas Code is the minimum framework for discipline and grievance cases. Acas is consulting on an updated Code, so use the current published Code and procedure rather than assuming a draft has replaced it.

Gather relevant evidence and establish the facts without deciding the outcome in advance. Keep the investigation proportionate and identify information that may support the employee's account as well as the allegation.

If a formal hearing is needed, explain the issue, possible consequences and relevant evidence with enough time to prepare. Check the right to be accompanied and any reasonable adjustments. Where practical, different people should investigate and make the disciplinary decision.

Give the employee an opportunity to answer the allegations and discuss the evidence. Adjourn for further investigation where new information needs checking. Do not use a prewritten outcome as a substitute for considering the response.

Confirm the decision in writing, including the reasons and any required improvement, timescale or warning. Explain how to appeal. An appeal should be handled impartially, where possible by someone not previously involved.