Disciplinary
Running a disciplinary? The process matters as much as the outcome.
You can have the right reason and still lose a tribunal claim because the process was wrong.
Something has happened that can't be ignored. Whether it's a conduct issue, a serious incident, or behaviour that has continued despite earlier warnings, this now needs to be handled formally. And formally means correctly.
Supporting owner-managed businesses across Oxfordshire, Wiltshire, Berkshire and the UK.
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★★★★★ 5.0 from 18 Google reviews · FCIPD Chartered Fellow
Written and reviewed by Samantha Newton FCIPD, Chartered Fellow CIPD · 25+ years' employee relations experience · Last reviewed June 2026
At a glance
- What it is
- A formal process for conduct or behaviour that can't be ignored.
- Main risk
- A fair decision becoming an unfair dismissal on a process flaw.
- First step
- Establish the facts before any meeting or decision.
- Typical timescale
- A few weeks, depending on complexity.
You know action is needed. You're not sure how to take it properly.
Most business owners reach this point when an employee's behaviour has crossed a line. The conduct is clear. The impact on the team, the business, or the client relationship is real. You know something has to happen.
What's less clear is exactly how the process works, which steps are legally required, and what happens if you get it wrong. Disciplinary procedures have a specific structure. Miss a step, even a technical one, and a straightforward management action can become an unfair dismissal claim.
The cost of a poorly handled disciplinary, in legal fees, management time, and distraction, regularly runs to five figures.
Watch
How to handle this, in a couple of minutes
Typical situations supported
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Where disciplinaries go wrong for employers
The most common mistakes happen before the formal hearing even begins. Skipping investigation, notifying the employee incorrectly, or rushing the timeline gives tribunals grounds to find against you, even when the conduct was serious. Common errors include:
Moving straight to a hearing without a proper investigation first
Failing to give the employee adequate written notice of the allegations
Not allowing the employee the right to be accompanied
Letting the outcome be influenced by frustration rather than evidence
Inconsistent treatment compared to how similar situations were handled previously
Skipping the right of appeal
Even when the process is broadly right, poor documentation or inconsistent language in letters can undermine an otherwise solid case.
What's at stake
What's actually at risk
£115,115
The maximum unfair dismissal compensatory award. Tribunals penalise a flawed process, not a wrong decision.
- Unfair dismissal claims after disciplinaries are among the most common at tribunal, with legal fees on both sides and 12 to 18 months of management time on top of the award.
- Tribunals don't need to find the dismissal was wrong, only that the process was flawed. That's why employers lose cases they should have won.
- A disciplinary that doesn't end in dismissal but leaves the employee in place with a grievance, or sets an inconsistent precedent, is also a costly outcome.
Most disciplinary problems are preventable. The cases that reach a tribunal almost always had a point where the right process, followed correctly, would have changed the outcome.
The process
The disciplinary process, step by step
A clear, fair process is what protects you at every stage. Here's how it runs, and where Samantha guides you through it.
Investigate
Establish the facts before deciding anything.
Notify
Put the allegations to the employee in writing.
Hearing
Hold a fair hearing, with the right to be accompanied.
Decide
Reach a reasonable, consistent outcome on the evidence.
Confirm
Put the outcome and the reasons in writing.
Appeal
Allow an appeal to someone independent.
- 1
Investigate
Establish the facts before deciding anything.
- 2
Notify
Put the allegations to the employee in writing.
- 3
Hearing
Hold a fair hearing, with the right to be accompanied.
- 4
Decide
Reach a reasonable, consistent outcome on the evidence.
- 5
Confirm
Put the outcome and the reasons in writing.
- 6
Appeal
Allow an appeal to someone independent.
How Magenta HR helps
In a single session, Samantha will review the situation, identify any risks in how it has been handled so far, and give you a clear plan for what to do next:
Assessment of whether the current approach is legally sound
Clear structure for the investigation if one is still needed
Review or drafting of disciplinary letters and hearing paperwork
Advice on the appropriate outcome given the facts
Guidance on how to conduct the hearing
Written summary of what to do, in the right order, within 48 hours
You deal directly with Samantha. Someone who has handled disciplinaries across a wide range of sectors and who knows where the risks are.
The Magenta Method
From problem to sorted, in four clear steps
A clear, four-step approach so you always know where you stand and what happens next.
Understand
We get a clear, honest picture of what's really going on, beneath the surface.
Assess the risk
Your legal exposure and commercial impact, explained in plain English.
Plan the right path
Realistic options and the correct steps, in order, written up within 48 hours.
Resolve & protect
Support through it, then keep you protected so the next issue is caught early.
Real situation · anonymised
Disciplinary
Gross misconduct dismissal, no tribunal claim
He'd already confronted the employee. Then he called Samantha.
Situation
An owner discovered a serious conduct issue and, in the heat of the moment, confronted the employee directly. No investigation, no notes, no process. He knew dismissal was justified but had already put the business at risk.
What changed
A proper investigation was run from that point, the allegations were put in writing, a fair hearing was held with the right to be accompanied, and every step was documented. The outcome was sound and defensible.
Outcome
The dismissal stood. No tribunal claim was lodged. The owner had a clear record showing the process was fair, even though it started badly.
Owner, trades business
Reviewed by Samantha Newton FCIPD, Chartered Fellow of the CIPD, with 25+ years handling situations like this.
Prefer to handle it yourself?
There's a step-by-step system for this exact situation.
Plain-English guidance, letters, checklists and an editable policy. Written by a Chartered Fellow, from real cases. From £197.
Common questions
I know something has to happen with this employee. Where do I start?+
Start by writing down what you know: what happened, when, and who was involved. Before any meeting or formal step, you need a clear picture of the facts. Most disciplinary processes go wrong not because of the decision, but because the employer moved too quickly before the facts were properly established.
What if I get the process wrong?+
A procedural error can turn a straightforward management decision into an unfair dismissal claim, even when the employee's conduct was clearly unacceptable. Tribunals look at whether the process was fair, not just whether the outcome was reasonable. Getting support early costs far less than unpicking a claim later.
Do I have to follow a specific process every time, or can I use my judgement?+
There is a required process under the ACAS Code of Practice and your own disciplinary policy. Using your judgement on whether to follow it is not an option tribunals accept. The good news is that the process is learnable and, with the right guidance, straightforward to follow.
Do I need to investigate before starting a disciplinary?+
In almost all cases, yes. You need to establish the facts before taking any formal action. The only exception is where the facts are not in dispute. Skipping investigation is one of the most common reasons employers lose tribunal cases.
What's the difference between misconduct and gross misconduct?+
Misconduct is behaviour that falls short of acceptable standards but doesn't justify immediate dismissal, for example repeated lateness. Gross misconduct is serious enough to potentially warrant summary dismissal without notice, for example theft, violence, or serious dishonesty. The distinction matters for how you structure the process.
Can I dismiss someone without going through the full process?+
Only in cases of gross misconduct, and even then, you still need to carry out a proper investigation and hold a hearing. Dismissing someone on the spot without any process, even for serious conduct, usually results in a finding of unfair dismissal.
What if the employee is off sick during the disciplinary?+
This is a common complication. You cannot simply keep things on hold indefinitely, but you also cannot push ahead in a way that disregards the employee's situation. Samantha can advise on how to manage this properly.
Does the employee have to be accompanied to the hearing?+
Yes. Employees have a statutory right to be accompanied by a colleague or trade union representative at a formal disciplinary hearing. Failing to offer this right is a procedural error that can be used against you.
Ready to sort this out
Get a clear, honest read on your situation
Start with the free Situation Check to understand exactly what you're dealing with, or book a free consultation and talk it through with Samantha directly.
You deal directly with Samantha, no call centre, no junior, and if you can handle it yourself, she'll tell you. Getting it wrong can run to five figures; a focused session starts from £495 + VAT, with a written plan in 48 hours.
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