Start with the Acas Code
The Acas Code of Practice on disciplinary and grievance procedures sets out the minimum standard of fairness. Employment tribunals take it into account, and if an employer unreasonably fails to follow it, compensation can be increased by up to 25%.
Your own disciplinary policy should follow the Code. Read it before you do anything else, and follow it.
Try informal first
Many minor conduct issues are best handled with a private, honest conversation. Explain what you've noticed, listen, and agree what needs to change. Make a short note. Formal action is for when that hasn't worked, or when the issue is serious.
The formal steps
- Investigate. Establish the facts before anything else. Where you can, use someone other than the person who will hold the hearing. Speak to witnesses, gather documents and keep it proportionate. Suspension is not a punishment: only use it if it's really needed, keep it short, keep it on full pay and review it regularly.
- Write to the employee. Set out the allegations, share the evidence, say what the possible outcome could be and give the date, time and place of the hearing. Tell them they have the right to be accompanied.
- Hold the hearing. Give them reasonable time to prepare. Explain the allegations and evidence, and let them respond, ask questions and present their own evidence. Take notes. Adjourn if new points need checking.
- Decide, then confirm in writing. Decide on the evidence, not a hunch. Is the outcome reasonable, and consistent with how you've treated similar cases? Put the decision, the reasons and the right of appeal in writing.
- Offer an appeal. Someone impartial, ideally more senior and not involved so far, should hear it.
The right to be accompanied
Workers have a legal right to be accompanied at a disciplinary hearing by a colleague, a trade union representative or a trade union official. If their companion can't make the date, they can suggest another time within five working days.
Gross misconduct
Serious acts such as theft, violence or serious breaches of health and safety may justify dismissal for a first offence. You still need to investigate and follow a fair process. Your policy should give examples of what you treat as gross misconduct.
Why process matters more from January 2027
For dismissals on or after 1 January 2027, employees need only six months' service to bring an ordinary unfair dismissal claim, down from two years, and the cap on unfair dismissal compensation is being removed. Claims of discrimination, whistleblowing detriment and some other automatically unfair reasons need no qualifying service at all. A fair, well documented process protects you and is fairer to your people.
Fairness checks before you decide
- Have you made reasonable adjustments, for example for a disability or neurodivergence?
- Is anything else going on, such as stress, a health issue or a grievance?
- Would you reach the same outcome for anyone else on your team?
Want your managers confident in these conversations?
The Manager Capability Training walks managers through absence, conduct, performance, flexible working and more, with real scenarios and a certificate at the end.
Common questions
Do I have to follow the Acas Code?
It isn't law in itself, but tribunals take it into account, and compensation can be increased by up to 25% if an employer unreasonably fails to follow it.
Who can attend a disciplinary hearing with the employee?
A colleague, a trade union representative or a trade union official.
Can I dismiss for a first offence?
Only for gross misconduct, and only after a fair investigation and hearing.
What changes for unfair dismissal in 2027?
For dismissals on or after 1 January 2027, the qualifying period for ordinary unfair dismissal falls from two years to six months.
References: Acas, Code of Practice on disciplinary and grievance procedures; Acas, Disciplinary procedure step by step; GOV.UK, Employment Rights Act 2025 implementation.