Disciplinary Procedure Editor

Create an ACAS-compliant disciplinary procedure for your business

đŸĸ Company Information

đŸ‘Ĩ Scope of Procedure

? ACAS recommends applying disciplinary procedures to all employees. Different procedures may apply during probation, but basic fairness principles still apply.
💡 ACAS Code of Practice requires fairness for all employees. Even during probation, you must follow reasonable procedures.

🔍 Investigation Process

? Investigators must be impartial and have no prior involvement in the matter. For small businesses, you may need external support for serious cases.
? Suspension should be on full pay and only used when necessary (e.g., risk to safety, evidence tampering). It's not a punishment and should be reviewed regularly.

⚖ī¸ Disciplinary Hearing

? ACAS recommends reasonable notice. Minimum 48 hours for minor issues, longer for serious matters. Employee needs time to prepare.
? Legal right: Employee can bring a work colleague or trade union representative. They can confer with the employee but cannot answer questions on their behalf.
? Must be someone senior with authority to impose sanctions. Should not be the investigator. For appeals, must be more senior than original decision-maker.

📋 Disciplinary Sanctions

? ACAS guidance: First written warning 6-12 months, Final written warning 12-18 months. Warnings should be disregarded after expiry unless stated otherwise.
ℹī¸ Verbal warnings, while informal, should still be documented. They typically expire after 3-6 months.

⚠ī¸ Gross Misconduct Examples

? Gross misconduct can lead to dismissal without notice. Must be serious enough to fundamentally breach the employment relationship. List should be illustrative, not exhaustive.
⚠ī¸ Each case must be investigated fairly. Even gross misconduct requires a proper hearing before dismissal.

🔄 Appeals Process

? ACAS requires employees have right to appeal. Common deadlines are 5-10 working days. Must be reasonable time to prepare grounds.
? Must be more senior than original decision-maker and impartial. For small businesses, consider external HR consultant for fairness.

📁 Record Keeping

? Keep disciplinary records for at least 6 years (employment tribunal time limits). GDPR requires records be kept only as long as necessary. Expired warnings should be disregarded but may be retained for reference.
🔒 All records must be stored securely and confidentially in line with GDPR requirements.

🛡ī¸ Special Considerations

? Trade union officials have additional protections. No action should be taken until full-time official has been notified (unless urgent). Dismissal requires strong evidence.
⚖ī¸ Protected characteristics: Extra care needed where disability may affect conduct. Reasonable adjustments may be required for disciplinary process itself.

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⚖ī¸ Qualified Legal Professional ACAS-Compliant Disciplinary Procedure

This procedure follows the ACAS Code of Practice and has been reviewed by qualified legal professionals. It provides a strong foundation for fair employee management but is not a substitute for personalised advice. For complex disciplinary matters or tribunal concerns, consult an employment law specialist.

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