{"id":171768,"date":"2022-07-06T08:30:05","date_gmt":"2022-07-06T07:30:05","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=171768"},"modified":"2025-10-18T02:25:43","modified_gmt":"2025-10-18T01:25:43","slug":"disciplinary-procedure","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/employment\/disciplinary-procedure\/","title":{"rendered":"Do\u2019s and Don\u2019ts of Carrying Out a Disciplinary Procedure in England"},"content":{"rendered":"\n

When disciplining a staff member, following a fair procedure is essential. Disciplining your staff can result in dismissal, so if you have not followed your disciplinary procedure correctly, you risk exposing your business to a claim for unfair dismissal or discrimination. An employment tribunal will consider the procedure you followed when assessing the employment claims. This article will explain the do\u2019s and don\u2019ts when carrying out your disciplinary procedure in England.\u00a0\u00a0<\/span><\/p>\n\n\n\n

Do\u2019s for a Disciplinary Procedure<\/span><\/h2>\n\n\n\n

1. Have a Written Disciplinary Procedure <\/span><\/h3>\n\n\n\n

Your disciplinary procedure or policy should be written and easily accessible to your staff at work. Importantly, managers should be able to access it easily and understand the process of disciplining staff. <\/p>\n\n\n\n

It is also vital that all employees understand and know where to find your disciplinary policy. You may wish to place your disciplinary policy in your staff handbook. Remember that your policy must follow the Acas Code of Practice<\/a> on disciplinary and grievance procedures. Otherwise, you could pay an employee up to 25% more compensation at a tribunal.<\/p>\n\n\n\n

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You must ensure you follow your written disciplinary policy at all times when dealing with a disciplinary matter involving an employee. If you do not have a written procedure, you must follow the Acas Code of Practice on disciplinary and grievance procedures.<\/p>\n<\/div>\n\n\n\n

2. Act Quickly<\/span><\/h3>\n\n\n\n

You should act quickly if an issue arises with your staff, and you need to deal with it using your disciplinary procedure. Even if the issue is minor, failing to resolve it quickly could cause more significant issues to arise later. Indeed, you may be able to find a solution that avoids a formal disciplinary investigation<\/a>. As such, your business can save time and resources.<\/span><\/p>\n\n\n\n

3. Investigate Thoroughly <\/span><\/h3>\n\n\n\n

As part of your disciplinary procedure, you must investigate the issue correctly and with an open mind before holding a disciplinary hearing or disciplinary meeting. A thorough investigation will help you gather evidence and speak to all parties involved. Remember, you must present this evidence to your employee.<\/span><\/p>\n\n\n\n

4. Appoint a Suitable Chair for the Disciplinary Hearing<\/span><\/h3>\n\n\n\n

According to the Acas Code of Practice, the staff member in charge of the disciplinary hearing or disciplinary meeting should be different from the person who carries out the disciplinary investigation. You will also wish to ensure that they can chair the meeting and whether they have any experience in chairing.<\/span><\/p>\n\n\n\n

5. Maintain Consistency <\/h3>\n\n\n\n

One crucial aspect of implementing disciplinary procedures is maintaining consistency across all cases and employees. Inconsistency in applying disciplinary measures can lead to accusations of unfair treatment or discrimination.<\/p>\n\n\n\n

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Don’ts for a Disciplinary Procedure<\/span><\/h2>\n\n\n\n

1. Fail to Tell Your Employee the Potential Action You May Take<\/span><\/h3>\n\n\n\n

When disciplining your employee, you must let them know what potential action you may consider due to the disciplinary procedure. Importantly, tell your staff member about these potential actions before <\/em>you hold the disciplinary meeting. This enables your employee to appreciate the seriousness of the problem and defend themselves accordingly.<\/span><\/p>\n\n\n\n

2. Deny Your Employee the Right to Be Accompanied<\/span><\/h3>\n\n\n\n

You must hold a disciplinary meeting when carrying out the formal disciplinary procedure. Likewise, your employee has a legal right to be accompanied<\/a> by a companion, and you should make them aware of this right. The companion can be a:<\/span><\/p>\n\n\n\n