What is Disciplinary Procedure?

Full Definition

A disciplinary procedure is the formal internal process an employer follows when it has concerns about an employee's conduct (such as unauthorised absence, breach of policy, or misconduct) or performance (such as persistent underperformance despite support), which is the mirror-image process to a grievance procedure, used when the employer -- rather than the employee -- has raised the initial concern. Following the ACAS Code of Practice on Disciplinary and Grievance Procedures, a fair disciplinary process generally involves the employer investigating the facts (which may include a fact-finding meeting, separate from the disciplinary hearing itself), informing the employee in writing of the allegation and the evidence, holding a disciplinary hearing at which the employee has the statutory right to be accompanied by a colleague or trade union representative, and issuing a decision -- ranging from no action, to a verbal or written warning, to a final written warning, to dismissal in serious cases -- together with a right to appeal. Because an employment tribunal, in deciding whether a dismissal was fair, looks closely at whether the employer followed a reasonable process as well as whether dismissal was a reasonable response in the circumstances, a procedurally flawed disciplinary process (for example, dismissing without a proper investigation, or without offering an appeal) can render an otherwise justified dismissal unfair, and can increase compensation under the ACAS Code uplift if the employer's failure to follow the Code was unreasonable. Gross misconduct -- serious wrongdoing such as theft, violence, gross negligence or a serious breach of trust -- is usually treated as an exception allowing summary dismissal without notice or pay in lieu, but even in gross misconduct cases a fair investigation and hearing are still generally expected before dismissal to withstand tribunal scrutiny.

See Also