This page outlines what a disciplinary meeting is, why your employer has asked you to go to one, how to prepare for it, what will happen at the meeting and what the possible outcomes are. A disciplinary meeting is one which could lead to disciplinary action.
Examples of disciplinary action include:. You may have been asked to go to a disciplinary meeting because your employer is concerned about:. The letter asking you to go to the meeting should give you enough information to know why your employer has invited you to it.
If they have any evidence, for example, of misconduct or your lack of ability, they should let you have this beforehand. They should give you enough time to consider it and find evidence in support of your case.
Your evidence can include witnesses. If your employer has not given you any evidence, you should ask them for it. If you need more time to consider the evidence they have given you, you can ask for the meeting to be postponed so you have extra time. The amount of time you ask for should be reasonable. If you cannot find anyone to go with you to the meeting, make sure you take notes during the meeting.
Don't let them rush you so that you don't feel able to take notes. You should make every attempt to go to the meeting. However, if you or your companion can't make the date of the meeting for a reason outside your control, you can ask your employer to postpone it to a later date.
The employer should make this clear to the employee. The employer might look at other disciplinary action depending on the seriousness of the misconduct or performance issue. For example, instead of dismissal, the employer could decide to move the employee to a less responsible role 'demotion'. Employers must first check what the employment contract allows and discuss it fully with the employee. The employee can have their chosen companion or representative with them for this.
For more detailed advice on other disciplinary actions, see the Acas guide to discipline and grievances at work. Dismissal should only be decided by a manager who has the authority to do so. You can check your workplace's policy on this.
To avoid the risk of an 'unfair dismissal' claim, the employer should always follow a full and fair disciplinary procedure before deciding on dismissal. Find out more about dismissals. Find out more about raising an appeal. If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number.
The following forms of discipline can be used in order of severity :. The employer should establish how serious an offence is, with reference to the disciplinary rules. If the offence is not very serious, informal disciplinary action can be taken by giving an employee a verbal warning. The law does not specify that employees should receive any specific number of warnings, for example, three verbal warnings or written warnings, and dismissal could follow as a first offence in the case of serious misconduct.
Formal disciplinary steps would include written warnings and the other forms of discipline listed above. A final written warning could be given in cases where the contravention of the rule is serious or where the employee has received warnings for the same offence before. An employee can appeal against a final return warning and the employer can hold an enquiry if the employer believes that it is only through hearing evidence that the outcome can be determined.
Written warnings will remain valid for 3 to 6 months. Final written warnings will remain valid for 12 months. A warning for one type of contravention is not applicable to another type of offence.
In other words, a first written warning for late-coming could not lead to a second written warning for insubordination. Employers use disciplinary procedures to tell employees that their performance or conduct isn't up to the expected standard and to encourage improvement. A disciplinary procedure is sometimes the best way for your employer to tell you when something is wrong.
It allows them to explain clearly what improvement is needed and should give you an opportunity to put your side of the situation. Your employer must put their disciplinary procedure in writing, and make it easily available to all staff. It should include the rules, what performance and behaviour might lead to disciplinary action, and what action your employer might take.
Before taking formal disciplinary action or dismissing you, your employer may try to raise the matter informally with you. This is often a good way of resolving a problem quickly. However, they can go straight to their formal disciplinary or dismissal procedures. By law, at present there are certain minimum steps that must be included in a disciplinary procedure - these are known as the 'statutory minimum procedures'.
If your employer dismisses you without following this process, then if you make an unfair dismissal claim, the dismissal will normally be 'automatically unfair'. You normally need at least a year's service before you can make an unfair dismissal claim.
You employer can set out their own disciplinary procedures in your employment contract. However, these must meet the statutory minimum disciplinary procedures. If your employer has laid down a disciplinary procedure that forms a part of your contract then you could sue for breach of employment contract if they haven't followed it.
On top of the statutory minimum procedures, there are other steps that an employer would be expected to take in order to be reasonable.
You can't take your employer to an Industrial Tribunal because they haven't followed the Code but if you make an unfair dismissal claim the Code can be taken into account. Your employer can suspend you while the issue is looked into and if you are, you should be told why you're being suspended. To make it clear that this isn't a punishment, the suspension should be on full pay. When this happens you keep your employment rights and if you don't get the right pay you can claim the money as an 'unlawful deduction from wages'.
You may be told not to talk to other employees, customers and suppliers. If this stops you from defending yourself, it may be grounds for appeal. It is up to you whether you comply with this, but you should remember that your employer may take further disciplinary action if you don't. Your employer will need to investigate if there's a complaint against you and may ask you for a statement. The investigation should be unbiased, fair and reasonable. It should also seek to establish the facts and not just collect evidence against you.
You should be given copies of any information that comes out of the investigation. If you decide you wish to resign from your job , your employer can still choose to carry on with the disciplinary investigation if they wish.
When giving you the initial statement, or very soon after, your employer must invite you to a meeting to discuss the issues.
The meeting is the second step in the statutory procedure. The meeting which is also known as a 'hearing' must happen before any disciplinary action is taken.
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