A fair process follows the ACAS Code of Practice. That means a proper investigation before any hearing, written notice of the allegations, the opportunity for the employee to be accompanied, and a right of appeal. Skipping any of these steps can undermine your position significantly if a claim is later made against you.

Yes, in practice. Employment tribunals take the ACAS Code into account when assessing cases, and failure to follow it can result in an uplift to any compensation awarded. Our advisers will walk you through what it requires at each stage.

Dismissal may be a fair outcome depending on the severity of the misconduct and whether the correct process has been followed. Jumping to dismissal without a proper procedure is one of the most common — and costly — mistakes employers make. We can advise you on whether your grounds and process are strong enough to proceed.

An investigation meeting is used to gather facts before deciding whether there's a case to answer. A disciplinary hearing is the formal stage where the employee is given the opportunity to respond to the allegations. Conflating the two, or skipping straight to a hearing, is a procedural error that can seriously weaken your position.

Yes. Employers Direct provides free disciplinary advice exclusively for UK employers. There's no charge for the advice line and no obligation to take things further. Call any time to speak with a qualified adviser.

We advise on all types of disciplinary situations — misconduct, gross misconduct, performance issues, substance misuse, dishonesty, and more. Because we work exclusively with employers, you can speak openly and get advice focused entirely on your position.