Handling employee performance and conduct issues is one of the most challenging aspects of people management for founders, particularly those without HR experience. A disciplinary procedure is the structured process through which employers address these issues — and following it correctly is not optional. Both the fairness of any eventual dismissal and the employer's ability to defend an employment claim depend on it.
A disciplinary procedure sets out the steps an employer will follow when addressing concerns about an employee's conduct or performance. It typically involves an investigation, a formal meeting at which the employee can be accompanied by a colleague or trade union representative, a decision with a clear written outcome, and the right of appeal. The ACAS Code of Practice on Disciplinary and Grievance Procedures provides the standard framework that employment tribunals will consider when assessing whether a process was fair.
A failure to follow a fair disciplinary process is one of the most common reasons a dismissal becomes unfair — the employee does not need to be guilty of gross misconduct if the process was flawed. Having a written disciplinary policy and applying it consistently reduces both the risk of claims and the difficulty of managing them. Our guide to disciplinary procedures for UK employers covers the key steps involved.