Disciplinary Procedures
Course Overview
This course covers the aims of the disciplinary procedure, penalties including investigations, allegations and suspensions, procedures for carrying out hearings, and appeals.
Course Content
ACAS publishes a statutory Code of Practice on Disciplinary and Grievance Procedures. The Code itself isn't law, but employment tribunals are required to take it into account, and if an employer unreasonably fails to follow it, a tribunal can adjust any compensation award by up to 25%.
1. Investigation. The employer must investigate the matter without unreasonable delay. Wherever practicable, the investigator should be different from the person who will later chair the disciplinary hearing.
2. Invitation to a disciplinary hearing. The employer must give clear written notice, setting out the allegation, the evidence, and the employee's right to be accompanied.
3. The hearing. The employer presents its findings, and the employee has a genuine opportunity to respond and present their own evidence.
4. The outcome. The employer must communicate its decision in writing without unreasonable delay, including reasons, any sanction, and the right to appeal.
5. The appeal. Employees have the right to appeal, ideally heard by a different manager who wasn't involved in the original decision.
An employee is repeatedly arriving late for shifts. A line manager first raises this informally. If it continues, the employer moves to a formal investigation, gathering attendance records and speaking to the employee. If this supports a formal hearing, the employee is invited in writing, told they can bring a colleague, and given the evidence in advance. At the hearing, the employee explains changed childcare arrangements have since been resolved. The manager issues a written warning rather than a final warning, explaining the decision and the right to appeal.
Employees are entitled to know the case against them in writing before any hearing, be accompanied by a colleague or trade union representative, have their case properly heard, receive a clear written outcome with reasons, and the right to appeal.
The aims of the disciplinary procedure, penalties including investigations, allegations and suspensions, procedures for carrying out fair hearings, and the appeals process.
Course Duration
45 mins
Course Certification
Approved by CPD
