Discipline: Deal with a misconduct issue

When to use this workflow

Use this workflow to deal with possible misconduct issues in line with the “Acas code of practice on disciplinary and grievance procedures”.

While any failure to follow the code is not actionable in itself, an employment tribunal hearing a relevant case will take the code into account, and may increase any compensation awarded by up to 25% where the employer has unreasonably failed to comply with it.

The proper use of a disciplinary procedure is a key component in determining whether or not a dismissal is procedurally fair. This workflow is an example of a legally compliant process. Where your organisation's own procedures go beyond the procedure set out in this workflow, you should follow these.

Workflow authors: Produced by the XpertHR editorial team with the assistance of David Jones.

Key Steps

  • Conduct a disciplinary investigation
  • Invite the employee to a disciplinary hearing
  • Inform the employee of the disciplinary penalty and right of appeal
  • Send a written invitation to a disciplinary appeal hearing
  • Inform the employee that the appeal is upheld/rejected

Key "What if?" Events

  • What if? … the employee goes off sick during the disciplinary process
  • What if? … the employee raises a grievance during the disciplinary process
  • What if? … the employee fails to attend a meeting under the disciplinary procedure
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