For UK employers, managing disciplinary issues in the workplace must be done fairly and legally. Whether it’s dealing with misconduct or underperformance, it’s essential to follow the correct disciplinary and dismissal procedures to avoid legal complications and protect your business from potential claims of unfair dismissal.

Here’s a clear breakdown of what UK employment law says about disciplinary actions and dismissals.

Why Procedures Matter

Under the Employment Rights Act 1996, employees have the right to fair treatment, especially when it comes to dismissal. If a proper procedure isn’t followed, even if there was a valid reason for dismissal, the employee may still claim for unfair dismissal at an employment tribunal.

The Acas Code of Practice on Disciplinary and Grievance Procedures sets the minimum standards employers are expected to follow. While it isn’t law, employment tribunals take it seriously—failing to follow it can increase any compensation awarded against you by up to 25%.

Common Disciplinary Issues

Disciplinary action may be taken for various reasons, including:

• Persistent lateness or absence
• Poor performance
• Misconduct (e.g., inappropriate behaviour, dishonesty)
• Gross misconduct (e.g., violence, theft, harassment)

Step-by-Step Disciplinary Process

Here’s a simplified process employers should follow:

1. Investigate the Issue

Before taking action, gather the facts. This might involve interviewing witnesses, reviewing evidence, or speaking informally to the employee.

2. Inform the Employee

If a formal disciplinary hearing is needed, notify the employee in writing. This should include:

• The specific allegation
• Supporting evidence
• The time and date of the hearing
• The right to bring a companion (e.g., a colleague or trade union rep)

3. Hold the Disciplinary Hearing

Give the employee a chance to explain their side. Allow them to respond to the evidence and present their own.

4. Decide the Outcome

After the hearing, decide on appropriate action. This could be:

• No action
• A verbal or written warning
• Final warning
• Dismissal (only for serious or repeated issues)

Provide the outcome in writing, along with the reasoning behind the decision.

5. Allow for an Appeal

Employees must be given the chance to appeal any disciplinary decision. Ideally, a different manager should handle the appeal to ensure impartiality.

Fair vs Unfair Dismissal

To legally dismiss an employee, the dismissal must be:

• For a fair reason (e.g., conduct, capability, redundancy)
• Procedurally fair (i.e., you followed a reasonable process)
• Only applied after the employee has worked for you for at least two years (in most cases)

Failure to meet these standards could result in a tribunal claim.

Final Thoughts

Handling disciplinary issues can be sensitive and legally risky. Following a clear, fair, and consistent process not only protects your business but also promotes a respectful and professional work environment.

When in doubt, refer to the Acas Code of Practice and consider seeking legal or HR advice—especially when dismissal is a potential outcome.