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Overview of the Disciplinary procedure

This document is GDPR compliant.

Show staff that you are a responsible employer with a clear and fair procedure for dealing with disciplinary issues at work using this disciplinary procedures document. Every good employer knows that trust and confidence is a two-way street, and that this is helped by having a proper process in place for handling unsatisfactory behaviour, performance or attendance. This disciplinary policy gives examples of unsatisfactory behaviour and gross misconduct, explains different stages of the process and deals with key issues such as investigations, hearings, companions, evidence, sanctions and appeals.

Use this disciplinary procedure

  • to inform employees about standards of conduct
  • to tell employees how disciplinary matters will be dealt with
  • to help managers understand how disciplinary matters will be dealt with
  • only for employees based in England, Wales or Scotland

This disciplinary policy covers

  • examples of misconduct and gross misconduct
  • disciplinary process
  • procedural safeguards to ensure disciplinary decisions are fair
  • disciplinary sanctions

A disciplinary procedure is an outline of the steps that will be taken to deal with disciplinary issues at work. This disciplinary procedure sets out what amounts to unsatisfactory behaviour and gross misconduct and explains different stages of the process. This disciplinary policy also explains how investigations and hearings will be conducted and employee rights such having a companion and appealing decisions.

The ACAS Code of Practice on Disciplinary and Grievance Procedures requires employers to comply with basic principles for handling disciplinary and grievance situations in the workplace. Implementing a disciplinary procedure demonstrates that an employer is compliant with this code.

The employer must comply with basic requirements of ACAS Code before dismissing an employee. This document sets a out fair and lawful procedure which must be followed before dismissing an employee. It requires the employer to:

  • meet formally with the employee who can choose to be accompanied by their choice of colleague
  • give an employee a warning and set the consequences of failure to improve performance
  • serve the employee a final warning confirming that further failure to improve may lead to a dismissal where the misconduct is sufficiently serious
  • to keep record of any warnings given to an employee
  • appoint the person responsible for making decisions in regards to disciplinary procedure
  • suspend an employee for 5 days if they are accused of an act of gross misconduct to investigate the matter
  • dismiss employee summarily once the investigation for misconduct is completed and confirms gross misconduct
  • consider any appeals submitted by employee subject to disciplinary procedure within 5 working days

You cannot simply dismiss an employee in case of gross misconduct. An employer is required to investigate the misconduct. In this document, you are allowed to suspend an employee for no more than 5 working days from work on full pay while the alleged offence is being investigated. This procedure defines the scope of what amounts to gross misconduct such as: dishonesty, theft, physical violence, damage to property, or breaking any law.

Yes, all employees have the right to appeal any disciplinary decision made under this procedure. They must be in writing and reviewed by employer within 5 working days.

Ask a lawyer for:

  • employees based outside England, Wales or Scotland

This disciplinary policy and procedure complies with the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures.

Other names for Disciplinary procedure

Disciplinary process.