Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
Disciplinary rules and procedures overview
Written statement of terms and conditions of employment
Acas code of practice on disciplinary and grievance procedures
Drawing up and communicating disciplinary rules
Summary dismissal
Disciplinary procedures
Dealing with absence
Dealing with poor performance
Criminal charges or convictions outside employment
The disciplinary procedure in operation
Appeals
A worker's right to be accompanied at disciplinary hearings
Sample disciplinary procedure
(Repealed) statutory minimum dismissal and disciplinary procedures

Summary

3.262

• The statutory dispute resolution procedures were abolished on 6 April 2009, and a revised "Acas code of practice on disciplinary and grievance procedures" was introduced. An employment tribunal may increase or decrease awards of compensation by up to 25% in the event of an unreasonable failure to comply with the code. (See 3.264 Disciplinary rules and procedures)
• The written statement of terms and conditions of employment issued to every new employee must include certain information relating to disciplinary rules and procedures. (See 3.265 Written statement of terms and conditions of employment)
• The "Acas code of practice on disciplinary and grievance procedures" is designed to assist employers, employees and their representatives in dealing with disciplinary situations in the workplace including misconduct and/or poor performance. (See 3.266 Acas code of practice on disciplinary and grievance procedures)
• Disciplinary rules should be set down in writing, and be specific and clear. (See 3.267 Drawing up and communicating disciplinary rules)
• Employers should ensure that they give a clear indication of the types of conduct that will be considered to constitute gross misconduct. (See 3.268 Summary dismissal)
• A disciplinary procedure should be regarded primarily as a means of helping and encouraging improvement amongst employees whose conduct or performance is unsatisfactory, rather than a means of imposing sanctions. (See 3.269 Disciplinary procedures)
• A distinction should be made between absences caused by ill health and those clearly calling for disciplinary action, and between poor performance due to an inherent inability to function and that due to the employee's own carelessness, negligence or idleness. (See 3.270 Dealing with absence and 3.271 Dealing with poor performance)
• Criminal convictions or charges pending against an employee should not be treated as an automatic reason for dismissal. (See 3.272 Criminal charges or convictions outside employment)
• A typical disciplinary procedure will consist of a first oral or written warning, a final written warning and dismissal or some other sanction. (See 3.273 The disciplinary procedure in operation)
• It is important that employees have the opportunity to appeal against any disciplinary decision made against them. (See 3.274 Appeals)
• The right to be accompanied at each of the formal stages of a disciplinary procedure extends to all workers and not just employees. (See 3.275 A worker's right to be accompanied at disciplinary hearings)
• The repealed statutory dismissal and disciplinary procedures continue to apply in specified circumstances. (See 3.277 (Repealed) statutory minimum dismissal and disciplinary procedures)

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Future developments

3.263 There are no future developments.