Disciplinary procedure policy

A disciplinary procedure sets out how the employer investigates alleged misconduct or poor performance, how a hearing is run, what sanctions are available and how an appeal works. This one follows the Acas Code of Practice on disciplinary and grievance procedures.

A tribunal must take the Code into account. Where an employer unreasonably fails to follow it, the tribunal can increase an award by up to 25 per cent. That uplift applies to the process, not the decision, so an employer can be right about the misconduct and still pay more for the way it got there.

Do not rely on length of service

The qualifying period for ordinary unfair dismissal falls from two years to six months on 1 January 2027 under the Employment Rights Act 2025. Many claims need no qualifying service at all, including discrimination and the automatically unfair reasons. The practical consequence is that the procedure should be applied to everyone from day one, and the old habit of treating short-service employees as low risk no longer holds.

Keep the paperwork longer

From 1 October 2026 the time limit for most employment tribunal claims rises from three months to six. Investigation notes, hearing notes and outcome letters therefore need to be retained for longer than many employers are used to, and the retention periods at clause 17 reflect that.

What the policy contains

Purpose and scope, with an option for a shortened procedure during probation. The principles the procedure runs on, and the procedure at a glance. Informal action, investigation and suspension, which is drafted as a neutral act and not a sanction. The disciplinary hearing and the right to be accompanied. Decisions and sanctions, and how long each warning stays live. Worked examples of misconduct and gross misconduct. Appeals. What to do when a grievance is raised during a disciplinary case. Criminal charges and conduct outside work. Trade union officials. Records and data protection.

Keep it non-contractual

Clause 18 states that the policy does not form part of the contract of employment, and it is worth keeping it that way. Where a particular procedure is promised in the contract itself, a departure from it becomes a breach of contract as well as a procedural failing, and the employer loses the ability to update the policy without varying everyone's terms.

Take advice before dismissing anyone, and early where the case involves a disability, a protected disclosure, discrimination, a trade union official or a possible criminal offence.