Who it is for
Small and mid-sized employers in England, Wales and Scotland who need a sound procedure for conduct and performance problems. It also gives HR teams a clean base to adapt. Northern Ireland has different rules, so take local advice for staff there.
What it covers
- The principles: investigate first, tell the employee the case, let them respond, and act consistently.
- Informal action for minor issues, and when to move to the formal procedure.
- Investigation, including suspension on full pay as a neutral step that is kept short and under review.
- The hearing: what the invitation must include, evidence, witnesses and the companion postponement rule.
- Sanctions: a first written warning (six months), a final written warning (12 months), dismissal with or without notice, and alternatives such as demotion only where the contract allows it.
- Examples of gross misconduct, including harassment of colleagues or of customers and other third parties.
- Special cases (union representatives, criminal charges, overlapping grievances), appeals and record keeping.
The law it reflects
Checked against the law in Great Britain (England, Wales and Scotland) as at 19 October 2026.
- The Acas Code of Practice on Disciplinary and Grievance Procedures (2015) is still the Code in force. A revised draft was consulted on from July to September 2026 and is expected to take effect in 2027. A tribunal can increase an award by up to 25% if an employer unreasonably fails to follow the Code.
- The statutory right to be accompanied by a work colleague, a trade union official or a certified trade union representative, and to move the meeting by up to five working days if the companion cannot attend (Employment Relations Act 1999, s.10).
- From 1 January 2027, employees can claim ordinary unfair dismissal after six months' service instead of two years, wherever employment ends on or after that date. The cap on the compensatory award goes for the same dismissals. A fair, written process now protects you across far more of your workforce.
- Most employment tribunal claims about something that happened on or after 1 October 2026 must be started within six months (it was three), after Acas early conciliation.
Before you use it
It is a starting point, not legal advice. Fill in the placeholders, set your own timescales, and check it fits how your organisation actually works. Take advice if a case is complex, could involve discrimination, or may end up at a tribunal. Northern Ireland has different rules in several areas.
Need more? See the Disciplinary Process Pack. 16 customised documents: the policy plus leaders' guidance, a decision matrix, an investigation plan, suspension, hearing and outcome letters, and appeals. £79 + VAT, one-off.