Disciplinary Procedure (UK) (Acas)
This document outlines a company's disciplinary procedure, detailing the steps for addressing employee conduct, attendance, and performance issues. It covers formal warnings, potential dismissal, and the employee's right to be accompanied and to appeal decisions, aiming for fair and consistent treatment.
Disciplinary Procedure (Example)
We will use this procedure to help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance.
The company rules (find these for example on the intranet, displayed in the office) and this procedure apply to all employees. The aim is to ensure consistent and fair treatment for all in the organisation.
A disciplinary process can be stressful for everyone involved. Different people might respond differently to stressful situations. We understand the prospect of disciplinary action might cause distress and affect your mental health.
We will support you throughout to help avoid this happening to you. Please talk to [Support Contact] about how we can support your wellbeing.
add any other support or signpost, for example any employee assistance programme, mental health first aiders or staff networks you have
Principles
We will consider informal action, where appropriate, to resolve problems.
We will not take disciplinary action against you until the case has been fully investigated.
For formal action we will advise you of the nature of the complaint against you and we will give you the opportunity to state your case before any decision is made at a disciplinary meeting.
We will provide you, where appropriate, with written copies of evidence and relevant witness statements before a disciplinary meeting.
You will not be dismissed for a first breach of discipline, except in the case of gross misconduct, when the penalty is dismissal without notice and without payment in lieu of notice.
You have the right to appeal against any disciplinary action.
The procedure may be used at any stage if your alleged misconduct needs this.
Your right to be accompanied
You have a statutory right to be accompanied by a companion where a disciplinary meeting could result in:
a formal warning
some other disciplinary action
confirmation of a formal warning or other disciplinary action (for example, at an appeal hearing)
The right is to be accompanied by:
someone you work with
a trade union representative who’s certified or trained in acting as a companion
an official employed by a trade union
You should tell us as soon as possible if you would like a companion and who they will be so we can make arrangements in good time.
If you need any reasonable adjustments, for example for a disability, speak to [Adjustments Contact].
The procedure
First stage of formal procedure
This will normally be either:
an improvement note for unsatisfactory performance if performance does not meet acceptable standards. This will set out the performance problem, the improvement that is required, the timescale, any help that may be given and the right of appeal. We will advise you that this is the first stage of the formal procedure. We will keep a record of the improvement note for [Retention Period Months], but it will then be considered spent – as long as you achieve and maintain satisfactory performance
or
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About this template
What is this template?
This is a workplace policy document outlining the steps an employer will take when conduct or performance fails to meet standards. It is not an employment contract, but it refers to terms like gross misconduct and statutory rights to accompaniment. It specifically excludes first-breach dismissal except in cases of gross misconduct.
When should you use it?
Use this when creating a staff handbook or stand-alone disciplinary policy based on Acas standards. Use an Employment Agreement instead if you need to define the underlying contractual relationship and notice periods.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Principles | Principles | Prohibits disciplinary action until a case is fully investigated and ensures employees have the opportunity to state their case. |
| Your right to be accompanied | Your right to be accompanied | Confirms the statutory right to be accompanied by a coworker or trade union representative at disciplinary and appeal meetings. |
| First stage of formal procedure | First stage of formal procedure | Provides for improvement notes for performance or first warnings for misconduct, which remain on record for a specified number of months. |
| Gross misconduct | Gross misconduct | Lists twelve examples of serious offences, such as physical violence and theft, that may lead to dismissal without notice. |
| Appeals | Appeals | Requires employees to submit appeals within a specific number of days, with a senior manager making the final decision. |
Who it's for
- a UK employer establishing formal protocols for managing employee conduct and performance
- an organisation needing an Acas-compliant procedure for handling misconduct and gross misconduct
- a business requiring a clear framework for formal warnings and dismissal processes
England & Wales note
This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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