Disciplinary Procedure: Your Rights at Work
Facing a disciplinary procedure at work is daunting. But you have significant rights at every stage, including the right to be told the allegations against you, the right to a fair hearing, the right to bring a companion, and the right to appeal. Many disciplinary procedures are poorly handled and can be challenged. This guide explains what must happen and what to do if your employer gets it wrong.
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What is a disciplinary procedure?
A disciplinary procedure is the process your employer must follow before disciplining or dismissing you for misconduct or poor performance. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standards. Failure to follow the Code can increase any tribunal compensation by up to 25%.
- ✓The Code applies to all employees regardless of length of service for disciplinary hearings
- ✓Unfair dismissal compensation applies after 2 years, but the Code applies from day one
- ✓Some dismissals are automatically unfair regardless of procedure (pregnancy, whistleblowing, union activity), see our unfair dismissal guide
- ✓Employers who follow a procedure are less likely to lose at tribunal, but even procedurally sound dismissals can be substantively unfair
The disciplinary process, what must happen
What sanctions can your employer impose?
There are typically four outcomes of a disciplinary hearing (in order of severity):
- ✓No action, if the allegations are not proven or are not serious enough to warrant discipline
- ✓First written warning, for a first disciplinary offence. Stays on your file for typically 6 to 12 months
- ✓Final written warning, for a more serious offence, or a repeated offence while a warning is live
- ✓Dismissal, either with notice (ordinary dismissal) or without notice (summary dismissal for gross misconduct)
What is gross misconduct?
Gross misconduct is conduct so serious that it fundamentally destroys the employment relationship, justifying summary dismissal (dismissal without notice or pay in lieu of notice). Common examples include:
- ✓Theft, fraud, or dishonesty
- ✓Physical violence or bullying
- ✓Serious insubordination
- ✓Serious breach of health and safety rules
- ✓Discrimination or harassment based on a protected characteristic
- ✓Serious breach of confidentiality
- ✓Being under the influence of alcohol or drugs at work (depending on the role and context)
- ✓Bringing the employer into serious disrepute
Your rights if you believe the procedure was unfair
A disciplinary procedure can be challenged as procedurally unfair if:
- ✓You were not given proper written notice of the hearing or the allegations
- ✓You were not given enough time to prepare, less than 5 working days without good reason
- ✓You were denied your right to a companion
- ✓The investigation was inadequate, relevant witnesses not interviewed, evidence ignored
- ✓The hearing was chaired by someone involved in the investigation
- ✓The penalty was disproportionate to the conduct
- ✓Inconsistent treatment, others who did similar things received lesser sanctions
- ✓The evidence relied on was not disclosed to you
- ✓You were not given a right of appeal
Suspended during a disciplinary investigation
Suspension while an investigation is ongoing is common, but it is not a punishment and should not be treated as one:
- ✓You must be paid your full normal salary during suspension unless your contract specifically allows unpaid suspension (rare)
- ✓Suspension should be reviewed regularly, it should be as short as possible
- ✓A very long suspension without review may itself be a breach of your employment contract
- ✓If suspension causes you significant distress or reputational harm, this can be relevant to any future claim
- ✓You should be told why you are being suspended and approximately how long it is expected to last
Disciplinary procedures and performance management
Poor performance is different from misconduct and should generally be handled through a performance improvement process (PIP) rather than a disciplinary procedure. However, some employers use disciplinary processes for performance. Key points:
- ✓You should be told clearly what the performance concerns are and given an opportunity to improve
- ✓A fair performance process involves: setting clear targets; regular reviews; appropriate support and training; a reasonable improvement period
- ✓Dismissal for poor performance after a proper process is called 'capability dismissal', not misconduct
- ✓If you have a disability that affects your performance, your employer must consider reasonable adjustments before dismissing
- ✓If performance management is being used to push you out rather than genuinely address performance, this may be constructive dismissal
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
What are my rights in a disciplinary hearing?
You have the right to: written notice of the allegations and evidence against you at least 5 working days before the hearing; bring a companion (a fellow employee or trade union representative); present your case and respond to the allegations; call witnesses where reasonable; and appeal any decision. These rights apply regardless of how long you have worked for your employer.
Can I be dismissed without a disciplinary hearing?
In most cases, no. Even for gross misconduct, your employer must carry out a reasonable investigation and give you a fair hearing before dismissing you. Summary dismissal without a process is likely to be procedurally unfair, though if the underlying conduct is sufficiently serious, the dismissal might still be found substantively fair (with reduced compensation). Always challenge a dismissal where no proper procedure was followed.
Can I bring someone to a disciplinary hearing?
Yes. You have a statutory right to bring a companion to any formal disciplinary hearing. Your companion must be either a fellow employee or a trade union representative. They can present your case, address the hearing, and confer with you during the meeting. They cannot answer questions on your behalf. If your chosen companion cannot attend, you can request a postponement of up to 5 working days.
What counts as gross misconduct?
Gross misconduct is conduct serious enough to fundamentally destroy the employment relationship, justifying dismissal without notice. Common examples include theft, fraud, physical violence, serious insubordination, serious health and safety breaches, and serious harassment. Even with gross misconduct, your employer must still investigate and hold a hearing before dismissing you, otherwise the dismissal may still be procedurally unfair.
Do I get paid if I am suspended during a disciplinary investigation?
Yes, unless your employment contract specifically provides for unpaid suspension (which is rare). Suspension during an investigation is not a punishment and should not reduce your pay. You must receive your full normal salary throughout the suspension period. If you are suspended without pay without a contractual basis for it, this may be a breach of contract.
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