Disciplinary rules and procedures

Updating author: Nicola Stibbs

Summary

• A failure to comply with the "Acas code of practice on disciplinary and grievance procedures" may result in the employment tribunal increasing or decreasing compensation. (See Disciplinary rules and procedures overview)
• The written statement of terms and conditions of employment must include certain information relating to disciplinary rules and procedures. (See Written statement of terms and conditions of employment)
• The "Acas code of practice on disciplinary and grievance procedures" applies to any disciplinary situation in the workplace, which includes misconduct and/or poor performance. (See Acas code of practice on disciplinary and grievance procedures)
• Disciplinary rules should be set down in writing and include information about the types of conduct that constitute gross misconduct. (See Drawing up and communicating disciplinary rules and Summary dismissal)
• Employers should be consistent, fair and non-discriminatory when dealing with absence or poor performance. (See Dealing with absence and Dealing with poor performance)
• Criminal convictions or charges pending against an employee should not be treated as an automatic reason for dismissal. (See 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 The disciplinary procedure in operation)
• Employees should be given the right to appeal against any disciplinary sanction imposed. (See Appeals)
• Workers are entitled to be accompanied at any formal disciplinary hearing provided that the chosen companion meets the criteria set out in the legislation. (See A worker's right to be accompanied at disciplinary hearings)