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Ask Samantha / Discipline & conduct

Discipline & conduct

Do I need to investigate before starting a disciplinary?

Answered by Samantha Newton FCIPD, Chartered Fellow CIPD · Last reviewed August 2026

In almost all cases, yes. You need to get the facts straight before you take any formal action or hold a hearing. The only real exception is when the facts genuinely aren't in dispute.

Skipping the investigation, or rushing it because the conduct looks obvious, is one of the most common reasons employers lose tribunal cases they should have won.

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General guidance to help you decide your next step, not legal advice. Employment law changes, so always check the current position for your own situation.

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