Disciplinaries
Effective handling of disciplinaries protects your business. Our employment law specialists help employers manage misconduct processes fairly and with confidence.
Disciplinary procedures are formal processes initiated in response to alleged employee misconduct. It is important for an employer to follow a thorough and fair disciplinary process to reduce the risks of any potential claims against it.
Our specialist employment lawyers advise employers at every stage of the disciplinary process, from investigating alleged misconduct through to disciplinary hearings and outcomes. We help ensure that appropriate steps are taken to support fair decision-making, minimise legal risk, and reduce the likelihood of unfair dismissal or related claims.
Workplace disciplinaries can involve significant risk if not handled correctly. Our employment law specialists provide clear, practical support to help employers manage disciplinary matters fairly, consistently and in line with legal obligations.
We can assist you and your business in a range of ways, including:
- Advising on whether disciplinary action is appropriate and how best to approach the issue at an early stage;
- Supporting and guiding managers and HR teams through disciplinary investigations, including evidence gathering and investigatory meetings;
- Assisting with the preparation for and conduct of disciplinary hearings, including advising on proportional and lawful outcomes;
- Identifying and mitigating risks associated with unfair dismissal, discrimination, whistleblowing and other potential claims.
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
What should you do if you want to commence a disciplinary process?
Employers must follow a fair and thorough process before disciplining or dismissing an employee. Employers must thoroughly investigate and obtain evidence of the misconduct prior to commencing the disciplinary process. Once the investigation is complete, the employee should be invited to a disciplinary hearing. If no internal procedure exists, employers should follow the ACAS Code of Practice.
Do employees have the right to be accompanied at a disciplinary hearing?
Yes. Employees have a right to be accompanied at a disciplinary hearing by a trade union representative or a work colleague. Employers must allow this and may need to rearrange the hearing if the chosen companion is unavailable at a reasonable time.
What outcomes are available following a disciplinary process?
Depending on the circumstances, outcomes may include:
- No further action
- First written warning
- Final written warning
- Dismissal for misconduct
- Dismissal for gross misconduct
What are the risks if a disciplinary process is not properly handled?
Failing to follow a fair disciplinary process can expose employers to claims for unfair dismissal. If successful, an employee may be awarded compensation. Additionally, failure to comply with the ACAS Code of Practice can lead to a tribunal increasing any award by up to 25%.