Why fair process matters
A fair, consistent process helps you reach the right decision and treat people with respect. It also matters legally: if a matter ever reached an employment tribunal, an unreasonable failure to follow the ACAS Code of Practice can increase any award by up to 25%. Getting the steps right is simply good management — and good protection.
The golden rules
- ✓ Deal with issues promptly — don’t let them drift.
- ✓ Act consistently — treat similar cases in similar ways.
- ✓ Investigate before you decide anything.
- ✓ Keep an open mind — no decision until you’ve heard their side.
- ✓ Let people be accompanied at formal hearings.
- ✓ Keep the investigator and the decision-maker separate where you can.
- ✓ Give a right of appeal.
- ✓ Keep clear, confidential written records at every stage.
The disciplinary process, step by step
Consider whether it’s informal or formal
Not everything needs a formal process. Many minor issues are best handled with a quiet, supportive word. Record that chat with an Informal Discussion File Note so there’s a clear record if the issue continues. Reserve the formal procedure for more serious matters or where informal steps haven’t worked.
Investigate the facts
Before any disciplinary action, carry out a reasonable investigation to establish the facts. Invite the employee to a fact-finding meeting, gather statements and evidence, and record your findings. An investigation is not a disciplinary hearing and reaches no verdict — it simply establishes whether there is a case to answer.
Use the Investigation Meeting Invitation and Investigation Report templates to keep it structured and fair.
Invite them to a hearing (in writing)
If there’s a case to answer, write to the employee setting out the allegations, enclosing the evidence, giving reasonable notice, explaining the possible outcomes, and reminding them of their right to be accompanied. The Disciplinary Hearing Invitation template covers all of this.
Hold a fair hearing
At the hearing, go through the allegations and the evidence, and give the employee a genuine chance to respond, explain and raise anything in mitigation. Take notes. Don’t decide the outcome in the room — adjourn, reflect on everything you’ve heard, and then decide.
Decide and confirm in writing
Reach a reasonable, proportionate decision based on the facts. Confirm it in writing: the decision, the reasons, how long any warning lasts, what needs to change, and the right to appeal. The Disciplinary Outcome Letter template sets this out clearly.
Offer a right of appeal
Always allow the employee to appeal. Where possible, the appeal should be heard by someone who wasn’t involved in the original decision. Hear it without unreasonable delay and confirm the appeal outcome in writing.
What about grievances?
A grievance is a concern, problem or complaint that an employee raises. The principles are the same: take it seriously, look into it without unreasonable delay, hold a meeting (with the right to be accompanied), decide fairly, confirm the outcome in writing, and offer a right of appeal. Our Grievance Meeting Invitation and Grievance Outcome Letter templates make this straightforward.
Common pitfalls to avoid
- • Skipping the investigation and jumping straight to a sanction.
- • The same person investigating, deciding and hearing the appeal.
- • Vague allegations the employee can’t properly answer.
- • Not sharing the evidence before the hearing.
- • Making up your mind before hearing their side.
- • Inconsistent outcomes for similar situations.
- • Poor or missing records.
Investigation templates
Invitation & report
Disciplinary templates
Hearing invite & outcome
Grievance templates
Meeting invite & outcome
This guide is general information aligned with the ACAS Code of Practice, not legal advice. ACAS does not review or endorse third-party guides or templates. Every situation is different — adapt your approach and seek professional HR or legal advice where needed.
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