Facing a disciplinary? Your employer must follow a fair process

The Acas Code of Practice on Disciplinary and Grievance Procedures sets out the minimum steps every employer must follow. Skipping any of them — even for a valid reason — can make a dismissal procedurally unfair and reduce any compensation award.

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Can I be dismissed at a first disciplinary hearing?

Yes, but only if the allegation is gross misconduct and the correct procedure has been followed. For minor conduct or performance issues, a written warning is the normal first step.

What if I refuse to attend the disciplinary hearing?

Your employer can proceed in your absence if you unreasonably refuse after being properly notified. If your refusal was reasonable (such as ill health), they should reschedule. Proceeding without genuine opportunity weakens fairness.

Can I bring a solicitor to the hearing?

The statutory right is to be accompanied by a trade union rep or work colleague only — not a solicitor. Your employer can allow one at their discretion, but you can’t insist.

How long can a disciplinary warning stay on my record?

It’s set out in the disciplinary policy. A first written warning usually lasts 6–12 months and a final written warning typically 12 months. Once expired, they shouldn’t normally be used against you in future proceedings.

Can I appeal a disciplinary outcome even if I wasn’t dismissed?

Yes. The right of appeal applies to all formal disciplinary outcomes. Appeal in writing within the timeframe set by your employer’s policy.

What if the disciplinary is being used to force me out?

If the disciplinary is a pretext — targeting you unfairly compared to colleagues, or following protected activity like a grievance — that may give rise to a constructive dismissal claim or unlawful detriment claim. Document everything.

Facing a disciplinary? Your employer must follow a fair process

Acas Code of Practice

Last updated: April 2026

Tribunal can increase any award by up to 25% if your employer ignored the Acas Code

Right to be accompanied at a disciplinary hearing — from day one, no qualifying period

Employer must put all allegations, outcomes and warnings in writing before any decision

What a fair disciplinary process looks like

Before any hearing, your employer must carry out a reasonable investigation into the allegations. This means gathering evidence, speaking to witnesses, and giving you a chance to respond. Skipping straight to a hearing without investigation is a significant procedural failure.

Written notice of the allegations

You must receive a written letter setting out the allegations, the potential outcome (including the possibility of dismissal), and the date and time of the hearing — with enough notice to prepare.

The disciplinary hearing

You have the right to state your case before any decision is made. The hearing must be conducted by someone (ideally) not involved in the investigation. You must be given a genuine opportunity to respond to every allegation raised.

Right to be accompanied

Under the Employment Relations Act 1999, you have an absolute right to be accompanied by a trade union representative or a work colleague at any formal disciplinary hearing. Your employer must allow this.

The decision — and the reasoning behind it — must be communicated to you in writing. If the outcome is a formal warning or dismissal, the letter must explain what it means and how long any warning remains active.

You must be given the right to appeal any disciplinary outcome. The appeal should ideally be heard by someone more senior who was not involved in the original hearing. Denying the right to appeal is a significant breach of the Acas Code.

Gross misconduct and summary dismissal

Even for gross misconduct — which can justify instant dismissal without notice — your employer must still carry out a reasonable investigation and hold a disciplinary hearing before dismissing you. "Gross misconduct" is not a licence to skip procedure.

Whether conduct amounts to gross misconduct depends on the

: the employer must genuinely believe the employee is guilty, have reasonable grounds for that belief, and have carried out as much investigation as was reasonable in the circumstances.

Common examples employers cite as gross misconduct: theft, fraud, violence, serious health and safety breaches, gross insubordination, and serious confidentiality breaches. But the label "gross misconduct" is frequently misapplied — tribunals regularly find that the underlying conduct, even if it warranted discipline, did not justify dismissal.

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Procedural failures that make dismissals unfair

Even where an employer had a genuine reason to dismiss, these procedural failures regularly result in unfair dismissal findings:

The Polkey reduction — when procedure matters to compensation

If a tribunal finds that a fair process would have led to the same outcome — i.e. that dismissal was inevitable even with perfect procedure — it can reduce compensation under the

Polkey v AE Dayton Services

This means a procedural failure does not automatically result in full compensation. The tribunal weighs the chance that the employee would still have been dismissed had the correct process been followed, and applies a percentage reduction accordingly.

Conversely, if the employer ignored the Acas Code of Practice, the tribunal can

the compensatory award by up to 25%.

Frequently asked questions

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