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 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 on Google reviews · FCIPD Chartered Fellow
Written and reviewed by Samantha Newton FCIPD, Chartered Fellow CIPD · 25+ years' employee relations experience · Last reviewed August 2026
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 or business is real. You know something has to happen.
What's less clear is exactly how the process works and what the legal requirements are. 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 and management time, regularly runs to five figures.
Typical situations supported
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Where disciplinaries go wrong for employers
The most common mistakes happen before the formal hearing even begins:
Moving to a hearing without a proper investigation first
Failing to give the employee adequate written notice of the allegations
Not allowing the statutory right to be accompanied
Inconsistent treatment compared to how similar situations were handled before
Letting emotion rather than evidence drive the outcome
Skipping or undermining 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
Unfair dismissal claims following disciplinaries are among the most common tribunal proceedings. Compensatory awards are capped today at the lower of 52 weeks' pay or roughly £118,000, and from 1 January 2027 that cap is removed entirely. Add legal costs and the management time consumed over 12 to 18 months, and the total is substantial.
Failure to follow the ACAS Code of Practice on disciplinary procedures can also result in tribunal awards being increased by up to 25%.
Tribunals don't need to find that dismissal was the wrong decision. They need to find that the process was flawed. That's why employers lose cases they should have won.
Most disciplinary problems are preventable. The situations that end in tribunals almost always had a point where the right process, followed correctly, would have changed the outcome.
How Magenta HR helps
In a single session, Samantha reviews the situation, identifies any risks in how it has been handled so far, and gives you a clear plan:
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 and manage the right of appeal
Written summary of what to do, in the right order, within 48 hours
You deal directly with Samantha Newton FCIPD, someone who has handled disciplinaries across a wide range of sectors and knows exactly 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
Team conflict
Resolved without it becoming formal
Two key people couldn't be in the same room.
Situation
A breakdown between two senior team members was affecting delivery, dragging other employees in, and starting to affect clients. The owner had tried to manage it informally and it had got worse.
What changed
Structured conversations with both parties separately, then together. Clear expectations set. A practical way of working together professionally, regardless of personal tensions.
Outcome
Both stayed. Delivery stabilised. The wider team stopped taking sides. The owner got his focus back.
Director, financial services
Reviewed by Samantha Newton FCIPD, Chartered Fellow of the CIPD, with 25+ years handling situations like this.
Common questions
Do I need to investigate before starting a formal disciplinary?+
In almost all cases, yes. You need to establish the facts before taking formal action. Skipping investigation is one of the most common reasons employers lose tribunal cases, even where the underlying conduct was clearly unacceptable.
What's the difference between misconduct and gross misconduct?+
Misconduct is behaviour that falls short of standards but doesn't justify immediate dismissal. It is typically handled through a warning process. Gross misconduct is serious enough to warrant summary dismissal without notice, but only after a proper investigation and hearing. The distinction matters for how you structure the process.
Can I dismiss someone on the spot for gross misconduct?+
No, not without following a proper process first. Even for serious conduct, dismissing without investigation and a hearing typically results in a finding of unfair dismissal. The conduct may justify summary dismissal, but only after the correct process.
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 is a procedural error that can be used against you in a tribunal.
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.
Not ready to book? Just tell me what's going on and I'll come back to you.
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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