How Should Your Employer Deal With a Disciplinary Matter?

Minor conduct or performance concerns can often be dealt with informally.

Where the allegations are more serious, or an informal approach has not resolved the issue, your employer may decide to begin a formal disciplinary procedure.

A formal procedure should normally be fair, reasonable and consistent. The Acas Code of Practice on disciplinary and grievance procedures sets out the minimum standards employers and employees are expected to follow.

The Code is not itself a standalone piece of legislation, and failing to follow it does not automatically mean that a dismissal is unfair.

However, an Employment Tribunal will take the Code into account when considering relevant claims.

Where an employer unreasonably fails to follow the Code, a Tribunal can potentially increase compensation by up to 25%. Compensation can also be reduced where an employee unreasonably fails to follow an applicable procedure.

Does the Acas Code Apply to Every Dismissal?

No.

The Acas disciplinary and grievance Code primarily applies to situations involving:

• Misconduct
• Poor performance or capability where a disciplinary process is being used
• Disciplinary warnings
• Gross misconduct
• Workplace grievances

The Code does not generally apply to:

• Redundancy dismissals
• The expiry and non-renewal of a fixed-term contract in itself

Those situations still need to be handled fairly under the relevant employment law principles.

For further guidance, see Redundancy and Fixed-Term Contracts.

How Much Service Do You Need to Claim Unfair Dismissal?

As at 8 September 2026, an employee generally needs at least two years' continuous employment to bring an ordinary unfair dismissal claim.

There are important exceptions where no ordinary qualifying period applies, including certain automatically unfair reasons for dismissal.

From 1 January 2027, the qualifying period for ordinary unfair dismissal will reduce from two years to six months.

For further information, see Unfair Dismissal.

What Are the Main Principles of a Fair Disciplinary Procedure?

A disciplinary process should generally be handled fairly and without unreasonable delay.

Important principles include:

• Dealing with concerns promptly
• Acting consistently
• Carrying out an appropriate investigation
• Explaining the allegations clearly
• Providing relevant evidence
• Giving the employee a reasonable opportunity to respond
• Holding a fair disciplinary hearing
• Allowing the employee to be accompanied where the statutory right applies
• Considering the employee's explanation before reaching a decision
• Confirming the outcome
• Providing a right of appeal

The purpose of the procedure should be to establish the facts and reach a fair decision rather than simply confirm a conclusion that has already been reached.

What Should Happen During a Disciplinary Investigation?

Before deciding whether disciplinary action is justified, the employer should normally investigate the allegations.

The nature and extent of the investigation will depend on the circumstances.

It may involve:

• Interviewing you
• Interviewing witnesses
• Taking witness statements
• Reviewing emails and messages
• Reviewing CCTV where relevant
• Examining workplace records
• Reviewing performance information
• Considering policies and procedures
• Obtaining other relevant evidence

The investigation should look for evidence both supporting and undermining the allegation.

Where reasonably practicable, the investigation and disciplinary hearing should be handled by different people.

For further guidance, see Investigations at Work.

Is an Investigation Meeting the Same as a Disciplinary Hearing?

No.

An investigation meeting is normally used to gather information and establish what happened.

A disciplinary hearing takes place later where the employer considers that there is a formal case to answer.

The employer should not normally treat an investigation meeting as though disciplinary guilt has already been established.

There is also not normally the same automatic statutory right to be accompanied at an investigation meeting as there is at a qualifying formal disciplinary hearing, although an employer's policy may provide additional rights.

What Happens if the Employer Decides There is a Disciplinary Case to Answer?

If the employer decides that formal disciplinary action may be necessary, you should normally be told in writing.

The notification should provide enough information for you to understand:

• What you are accused of
• Why the matter is considered disciplinary
• The possible consequences
• When and where the hearing will take place
• Your right to be accompanied
• What evidence will be considered

Relevant evidence should normally be provided sufficiently in advance to give you a reasonable opportunity to prepare.

How Much Notice Should You Receive Before a Disciplinary Hearing?

There is no single statutory number of days that must be given in every case.

You should be given reasonable time to prepare.

What is reasonable can depend on:

• The seriousness of the allegations
• The volume of evidence
• Whether witness statements are involved
• Whether expert or technical evidence is involved
• Your personal circumstances
• The complexity of the allegations

A very straightforward case may require less preparation time than a complicated investigation involving extensive documents.

Can Your Employer Use Anonymous Witness Evidence?

Potentially, but anonymity should not be used casually.

An employer may occasionally decide that a witness's identity needs to be protected, for example where there is a genuine fear of retaliation.

However, the employer should still try to conduct a fair investigation.

It should consider:

• Why anonymity has been requested
• Whether the concern is genuine
• Whether the evidence can be independently corroborated
• Whether enough information can be provided for you to respond properly
• How much weight should be given to anonymous evidence

An employer relying heavily on evidence that you have no realistic opportunity to challenge may create questions about procedural fairness.

What Happens at a Disciplinary Hearing?

At the disciplinary hearing, the employer should explain the allegations and review the relevant evidence.

You should then have a fair opportunity to:

• Explain your position
• Respond to each allegation
• Ask questions
• Challenge relevant evidence
• Present your own documents
• Identify relevant witnesses
• Explain mitigating circumstances
• Raise procedural concerns

Acas guidance states that employees should be given an opportunity to set out their case, answer allegations, ask questions, provide evidence and call relevant witnesses where appropriate.

Can You Call Witnesses at the Hearing?

Potentially.

You should normally be given a reasonable opportunity to identify relevant witnesses where their evidence could assist with determining the allegations.

You should tell your employer in advance if you want a witness to attend.

Whether the witness needs to appear personally will depend on the circumstances. Sometimes a written statement may be sufficient.

Can You Question the Employer's Witnesses?

You should normally have a reasonable opportunity to challenge or comment on witness evidence being relied upon against you.

This does not necessarily mean that you have an unrestricted legal right to conduct formal cross-examination in the same way as a court or Tribunal.

Depending on the circumstances, questions may be:

• Asked directly
• Put through the disciplinary manager
• Submitted in writing
• Addressed through further investigation

The important issue is whether you have been given a fair opportunity to challenge material evidence.

Do You Have the Right to Be Accompanied?

Yes, at a qualifying formal disciplinary hearing you have a statutory right to make a reasonable request to be accompanied.

Your companion can normally be:

• A colleague
• A trade union official employed by a union
• A trade union representative certified by the union as competent to act as a companion

You do not necessarily need to belong to a recognised trade union for a trade union official to accompany you, provided the individual is willing and legally eligible to act.

For further guidance, see Right to Be Accompanied.

What Can Your Companion Do at the Hearing?

Your companion should normally be permitted to:

• Put your case to the employer
• Sum up your case
• Respond on your behalf to views expressed during the hearing
• Confer privately with you

However, your companion does not normally have the right to:

• Answer questions addressed directly to you
• Speak when you do not want them to
• Prevent the employer from explaining its case

The statutory right and the companion's functions are set out in the current Acas Code.

What if Your Chosen Companion Cannot Attend?

If your chosen companion cannot attend on the employer's proposed date, you can propose another reasonable date.

Under the statutory right, the employer must postpone the hearing where your proposed alternative is reasonable and falls within five working days of the original date.

However, five working days is not always the end of the fairness question.

Depending on the circumstances, particularly where dismissal may result, it may sometimes be reasonable for an employer to consider a longer postponement rather than proceeding without the employee's chosen companion. Acas is currently consulting on expressly reflecting this established case-law principle in its updated Code.

What if You Cannot Attend Because You Are Ill?

Your employer does not have to postpone a disciplinary hearing indefinitely.

However, it should approach sickness absence carefully and consider whether the process can still be handled fairly.

Possible alternatives can include:

• Rearranging the hearing
• Obtaining medical or occupational health advice with appropriate permission
• Allowing written representations
• Holding the meeting remotely
• Allowing additional breaks
• Adjusting the format of the hearing

If you are repeatedly unable to attend, the employer may eventually decide that it has to proceed using the available evidence.

Before doing so, it should normally consider whether reasonable alternatives have been exhausted.

What if Your Illness Amounts to a Disability?

Where you are disabled within the meaning of the Equality Act 2010, your employer may have a duty to make reasonable adjustments to the disciplinary process.

Possible adjustments could include:

• Changing the hearing time
• Using a different location
• Allowing remote attendance
• Providing additional breaks
• Providing accessible documents
• Allowing extra preparation time
• Adjusting communication methods

Disability-related absence may also need to be considered carefully where absence itself forms part of a capability or disciplinary procedure.

See Disability Discrimination and Reasonable Adjustments.

Can Your Employer Proceed Without You?

Potentially.

If you repeatedly refuse or fail to attend without a good reason, the employer may eventually decide the case on the evidence available.

Even where there is a genuine reason for your absence, a process cannot always be postponed indefinitely.

Before proceeding in your absence, the employer should normally consider:

• Why you cannot attend
• Whether another date would help
• Whether a remote meeting is possible
• Whether you can provide written submissions
• Whether medical evidence is required
• The seriousness of the potential outcome
• Whether proceeding would remain fair

Acas guidance recognises that employers may sometimes need to continue without the employee, but the investigation and decision should still be handled as fairly as possible.

What Outcomes Can Follow a Disciplinary Hearing?

Depending on the evidence and seriousness of the matter, possible outcomes may include:

• No further action
• Informal action
• A first written warning
• A final written warning
• Another contractual disciplinary sanction
• Demotion where contractually permitted or agreed
• Dismissal with notice
• Summary dismissal for gross misconduct

The sanction should normally be proportionate and consistent with the employer's disciplinary policy.

What is a First Written Warning?

Where misconduct or performance concerns are established but dismissal would not be appropriate, a first written warning may be issued.

The warning should normally explain:

• What conduct or performance was unsatisfactory
• What improvement is expected
• How long the warning will remain active
• What may happen if there is further misconduct or insufficient improvement
• Your right to appeal

What is a Final Written Warning?

A final written warning is normally more serious.

It may be issued:

• After a previous active warning
• Where misconduct is serious enough to justify going directly to a final warning
• Where performance has not improved following earlier formal action

The warning should explain that further misconduct or insufficient improvement during the active period may result in dismissal.

How Long Do Disciplinary Warnings Remain Active?

There is no universal statutory expiry period applying to every employer.

The employer's disciplinary policy should normally state how long warnings remain active.

Acas guidance gives examples of:

• A first written warning remaining active for around six months
• A final written warning remaining active for around 12 months

Longer periods can be appropriate in exceptional circumstances.

Can an Expired Warning Be Used Against You?

An expired warning should not normally be treated as an active warning or used as the principal reason for escalating a later sanction.

The purpose of an expiry period is generally to allow the employee to return to a clean disciplinary position after satisfactory conduct.

However, an expired warning does not necessarily disappear from the historical record.

In limited circumstances, the underlying history may still form part of the wider factual context.

The employer should also follow whatever its disciplinary policy says about expired warnings.

What is Gross Misconduct?

Gross misconduct refers to conduct sufficiently serious to potentially justify dismissal without notice or payment in lieu of notice.

Possible examples can include:

• Serious dishonesty
• Theft
• Fraud
• Serious violence
• Serious insubordination
• Serious harassment
• Serious breach of health and safety rules
• Serious misuse of confidential information

What amounts to gross misconduct will depend on the circumstances and the employer's rules.

Even where gross misconduct is alleged, the employer should still carry out a fair investigation and disciplinary process before deciding to dismiss.

See Gross Misconduct.

Can You Be Dismissed Without Previous Warnings?

Yes, in appropriate circumstances.

An employer does not always need to issue a first and final written warning before dismissal.

For example, summary dismissal may be appropriate where gross misconduct has been established after a fair procedure.

A final written warning may also sometimes be given for sufficiently serious misconduct even where no earlier warning exists.

The employer should still consider proportionality and relevant mitigating circumstances.

Who Should Make the Decision to Dismiss?

A decision to dismiss should normally be made by someone with appropriate authority.

The decision-maker should consider:

• The investigation
• Evidence presented at the hearing
• Your explanation
• Mitigating factors
• Previous disciplinary record
• Relevant policies
• Consistency with comparable cases
• Whether a lesser sanction would be appropriate

The decision should not be predetermined.

When Should You Be Told the Outcome?

Your employer should communicate the disciplinary outcome without unreasonable delay.

The outcome should normally be confirmed in writing and explain:

• Which allegations were upheld
• Which allegations were not upheld
• Any disciplinary sanction
• How long a warning will remain active
• What improvement is expected
• The consequences of further misconduct
• Your right to appeal

Where the outcome is dismissal, you should also normally be told:

• Why you are being dismissed
• When employment will end
• Whether notice applies
• Your right of appeal

Do You Have the Right to Appeal?

Your employer should provide an opportunity to appeal a formal disciplinary decision.

Possible grounds can include:

• The outcome was too severe
• The procedure was unfair
• Important evidence was overlooked
• New evidence has emerged
• The findings were unreasonable
• Similar cases were treated inconsistently

The appeal should normally be heard without unreasonable delay and, wherever possible, by someone who was not involved in the original decision.

For further guidance, see Appeal.

How Quickly Should You Appeal?

You should check your employer's disciplinary procedure.

Where no specific period is stated, Acas recommends appealing as soon as possible and considers five working days from receiving the outcome an appropriate timeframe in many cases.

Can Your Sanction Be Increased Because You Appeal?

You should not normally be penalised simply for exercising your right of appeal.

If further investigation during the appeal reveals new and more serious information, the employer should consider its disciplinary policy.

Acas guidance states that the original disciplinary outcome should not normally be increased on appeal unless the employer's policy permits this. Otherwise, genuinely new allegations will usually need to be dealt with through a new disciplinary procedure.

What is a Verbal Warning?

Some employers use the term verbal warning for an informal warning given before formal disciplinary action.

For example, a manager may raise concerns informally and explain that improvement is required.

Whether this forms part of the formal disciplinary record depends on the employer's procedure.

If a formal disciplinary warning is being issued, the outcome should normally be recorded clearly in writing so that there is no uncertainty about:

• The reason for the warning
• The required improvement
• How long it remains active
• The possible consequences
• The right of appeal

What if the Disciplinary Process is Delayed?

Disciplinary matters should be dealt with promptly and without unreasonable delay.

There is no rule requiring every process to be completed within a fixed number of weeks.

Some investigations will naturally take longer, particularly where they involve:

• Numerous witnesses
• Fraud allegations
• Criminal allegations
• Complex financial evidence
• Large volumes of electronic records
• Employees who are unwell
• Parallel external investigations

The key question is whether the delay is reasonably justified and whether the process remains fair.

Can the Same Person Investigate, Hear the Case and Decide the Appeal?

Ideally, different people should deal with different stages.

Where reasonably practicable:

• One person should investigate
• Another should conduct the disciplinary hearing
• Another should determine the appeal

This helps preserve independence and impartiality.

However, smaller organisations may not have enough suitable managers to separate every stage completely.

In those circumstances, the employer should take reasonable steps to make the process as impartial as possible.

Can You Record a Disciplinary Hearing?

There is no general statutory right allowing an employee to insist on recording a disciplinary meeting.

Many employers instead arrange for written notes to be taken.

You can ask whether the meeting can be recorded, but the employer may refuse unless:

• Its policy permits recording
• The parties agree
• Recording is required as a reasonable adjustment

For example, recording might be considered as an adjustment where a disability makes it difficult for the employee to follow or remember the discussion.

Can Your Employer Record the Hearing?

An employer may record a meeting where this is handled lawfully and transparently.

Recording involves processing personal data, so the employer should comply with data protection requirements.

This does not necessarily mean that employee consent is always the only possible lawful basis for recording.

However, Acas recommends that disciplinary or investigation meetings should generally only be recorded where this is agreed by everyone involved.

Can Your Employer Secretly Record You?

Covert workplace recording by an employer is particularly intrusive and should only be considered in exceptional circumstances.

Data protection and privacy requirements will be relevant.

Routine secret recording of disciplinary meetings would be difficult to justify.

Can You Secretly Record a Disciplinary Meeting?

Secretly recording a meeting carries risks.

Your employer may consider covert recording to be:

• A breach of workplace policy
• Misconduct
• A breach of confidentiality
• A breach of trust and confidence

However, an Employment Tribunal does not automatically exclude evidence simply because it was secretly recorded.

Whether a recording can be admitted will depend on the circumstances and the Tribunal's decision.

Legal professional privilege and other confidentiality protections may also prevent particular material from being admitted.

Acas confirms that covert recordings can sometimes be admitted by a Tribunal, but the question is case-specific and covert recording can itself create disciplinary consequences.

What if You Disagree With the Employer's Meeting Notes?

If you believe the written notes are inaccurate, you should raise this promptly.

You may wish to:

• Identify the parts you dispute
• Provide your proposed corrections
• Explain what you believe was actually said
• Ask for your version to be kept with the employer's notes

If agreement cannot be reached, both versions can potentially remain on record.

If the dispute later reaches an Employment Tribunal, the Tribunal can consider the competing evidence.

Does a Grievance Automatically Stop a Disciplinary Process?

No.

Raising a grievance does not automatically require the employer to suspend an ongoing disciplinary procedure.

Depending on the circumstances, the employer may:

• Pause the disciplinary procedure
• Deal with the grievance first
• Deal with both matters together
• Continue the disciplinary procedure while investigating the grievance separately

Where the grievance directly concerns the disciplinary process, for example allegations that the investigator is biased or has bullied you, the employer should consider carefully whether changes are needed to preserve fairness.

What if the Grievance and Disciplinary Issues Are Closely Connected?

Where the same facts form the basis of both procedures, it may be practical to deal with them together.

For example, an employee accused of misconduct may respond that:

• The allegation is discriminatory
• The manager is retaliating against them
• The investigator is biased
• The disciplinary process is connected with earlier bullying

The employer should ensure that both the disciplinary allegations and grievance concerns are properly considered.

Can a Poor Disciplinary Process Make a Dismissal Unfair?

Potentially.

Even where the employer has a potentially fair reason for dismissal, the dismissal may still be unfair if the employer does not act reasonably.

Problems can arise where the employer:

• Fails to investigate properly
• Does not explain the allegations
• Withholds important evidence unfairly
• Does not give the employee a reasonable opportunity to respond
• Predetermines the outcome
• Applies an unreasonable sanction
• Treats comparable employees inconsistently
• Refuses a proper appeal
• Otherwise follows a seriously unfair procedure

Whether the dismissal is legally unfair will depend on the circumstances as a whole.

See Unfair Dismissal.

Should You Resign Before You Are Dismissed?

Not automatically.

Resigning simply because disciplinary proceedings have started can have important consequences.

Depending on the circumstances, resignation may affect:

• Your employment income
• Notice pay
• Your ability to challenge dismissal
• Your reference
• Bonus entitlement
• Your negotiating position
• Potential legal claims

In some circumstances there may be strategic reasons to consider resignation or a negotiated exit, but this decision should not be made simply to avoid a disciplinary outcome.

Professional advice can be particularly important where gross misconduct allegations are involved.

See Gross Misconduct.

Are You Entitled to Written Reasons for Dismissal?

As at 8 September 2026, most employees with at least two years' continuous employment can request a written statement explaining the reasons for their dismissal.

The employer must normally provide it within 14 days of the request.

Employees dismissed while pregnant or while on maternity or adoption leave are entitled to written reasons regardless of length of service and without needing to make the usual request.

From 1 January 2027, the qualifying period for the general right to request written reasons for dismissal will reduce from two years to six months.

When Should You Seek Advice About a Disciplinary Process?

Professional advice may be particularly useful where:

• You are accused of gross misconduct
• Dismissal is a possible outcome
• You believe the investigation is biased
• Important evidence has been withheld
• You have been denied sufficient time to prepare
• You are unwell or disabled
• You have been refused a companion
• You believe discrimination is involved
• You are considering resigning
• You have received a final written warning
• Your appeal has been rejected
• You are considering an Employment Tribunal claim

Taking advice before the disciplinary process concludes can help you understand your rights and avoid decisions that may weaken your position.