Great Britain • England, Wales & Scotland • Northern Ireland has separate law
This is general legal information, not legal advice.

Disciplinary Process — An Employee’s Guide (UK)

Investigation • the invite letter • right to be accompanied • the hearing • suspension • gross misconduct • appeals • deadlines
Quick summary: a disciplinary process should tell you the case against you in writing, give you the evidence, let you be accompanied, let you answer before any decision is made, and give you an appeal.
This page sets out what the Acas Code of Practice on disciplinary and grievance procedures actually requires, what the statutory right to be accompanied covers (and what it does not), why appealing matters financially, and the deadlines that start running if it ends in dismissal.
Specialty: employee-side disciplinary guidance for England, Wales and Scotland — procedure, evidence, companions, postponement, appeal grounds and the written response, sourced to the statutes and the Acas Code.
If you have been invited to a disciplinary hearing, suspended, given a warning, or told you are facing a gross misconduct allegation, this page helps you work out what to ask for, what to put in writing, and by when.
What this page gets you to
  • A disciplinary hearing response letter — your written answer to the allegations, on the record and dated.
  • A procedure check — whether you got the case in writing, the evidence, and enough time to prepare.
  • A companion and postponement check — who you may bring and how far the hearing can be moved.
This is general legal information, not legal advice.
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Invite letter check
Right to be accompanied
Evidence requests
Appeal grounds
Best for people saying:
  • “I got the invite letter yesterday, hearing is tomorrow.”
  • “They won’t show me the witness statements.”
  • “My rep can’t make that date.”
  • “I’ve been suspended and nobody will tell me why.”
  • “They said it’s gross misconduct so there’s no process.”
  • “Is it worth appealing?”
You can start with one paragraph. We’ll ask only what’s needed.

How this guide helps

Three steps — clear, practical, on the record.
1) Read the invite letter properly
It should tell you the allegation, the possible consequences, the time and venue, and your right to be accompanied.
Example: “It says ‘conduct concerns’ and nothing else.”
2) Ask for what is missing, in writing
Evidence, witness statements, the policy being applied, and a realistic date. Put the requests in one dated letter.
A written record is what a tribunal can later see.
3) Answer the allegation, then appeal if needed
Set out your response before the decision is made, and give your grounds of appeal in writing afterwards.
Not appealing can cost you money — see the 25% rule below.

The Acas Code — why it matters even though it is not a statute

Breaching it is not automatically unlawful. Ignoring it can move money either way.
The Acas Code of Practice on disciplinary and grievance procedures is issued under section 199 of TULRCA 1992. It came into effect by order of the Secretary of State on 11 March 2015 and replaces the 2009 Code. A failure to follow it does not, in itself, make anyone liable to proceedings — but employment tribunals will take it into account.
The financial teeth come from section 207A of TULRCA 1992. Where a claim falls within the jurisdictions listed in Schedule A2 and concerns a matter the Code applies to, a tribunal may — if just and equitable — increase any award by no more than 25% for an employer’s unreasonable failure to comply (s.207A(2)), and reduce any award by no more than 25% for an employee’s unreasonable failure (s.207A(3)). That second limb is why not appealing is rarely free.
Where the Code does not apply
Not to redundancy dismissals, and not to the non-renewal of fixed-term contracts on expiry. Employers may also deal with bullying, harassment or whistleblowing under a separate procedure.
Size matters
Paragraph 3: what is reasonable depends on all the circumstances, and tribunals take the employer’s size and resources into account. It may not be practicable for every employer to take every step.
The six fairness elements
Paragraph 4: act promptly, act consistently, investigate to establish the facts, tell the employee the basis of the problem and let them put their case before a decision, allow a companion at any formal meeting, and allow an appeal.

The stages — and what you are entitled to at each one

Investigation, invitation, hearing. They are not the same thing and the rights differ.
  • Investigation (paras 5–7). It should happen without unreasonable delay. In misconduct cases, where practicable different people should carry out the investigation and the disciplinary hearing. An investigatory meeting should not by itself result in any disciplinary action — and there is no statutory right to be accompanied at a formal investigatory meeting, though an employer’s own procedure may allow it.
  • Suspension (para 8). Where suspension with pay is considered necessary it should be as brief as possible, kept under review, and it should be made clear that suspension is not a disciplinary action.
  • The invitation (paras 9–10). If there is a case to answer you should be notified in writing, with sufficient information about the alleged misconduct or poor performance and its possible consequences to let you prepare your answer. It would normally be appropriate to provide copies of any written evidence, which may include witness statements. The letter should give the time and venue and advise you of your right to be accompanied.
  • Timing (para 11). The meeting should be held without unreasonable delay whilst allowing you reasonable time to prepare your case. Those two pull against each other; say so in writing if the date is unworkable.
  • The hearing (para 12). The employer should explain the complaint and go through the evidence. You should be allowed to set out your case and answer the allegations, and be given a reasonable opportunity to ask questions, present evidence and call relevant witnesses, and to raise points about information given by witnesses. Either side intending to call witnesses should give advance notice.
  • If you cannot attend (para 25). Where an employee is persistently unable or unwilling to attend without good cause, the employer should make a decision on the evidence available. Non-attendance is not a way of stopping the process.

The right to be accompanied — the statutory version

Sections 10–13 of the Employment Relations Act 1999. Narrower than most people expect, and enforceable.
Section 10(1) applies where a worker is required or invited to attend a disciplinary or grievance hearing and reasonably requests to be accompanied. Section 10(2A) then requires the employer to permit one companion, chosen by the worker, from the categories in section 10(3). Section 13(4) defines a disciplinary hearing for this purpose as one that could result in a formal warning, some other action, or the confirmation of a warning or other action — which is why the right also covers appeal hearings.
Who you may bring (s.10(3))
A trade union official employed by the union; an official of a trade union whom the union has reasonably certified in writing as having experience or training in acting as a companion at these hearings; or another of the employer’s workers. That is the statutory list.
What the companion may do (s.10(2B))
Address the hearing to put your case, sum it up, and respond on your behalf to any view expressed at the hearing — and confer with you during the hearing. Under s.10(2C) the employer need not let them answer questions on your behalf, address the hearing if you say at it that you do not want that, or block the employer from explaining its case.
The five-working-day postponement (s.10(4)–(5))
If your chosen companion is not available at the employer’s proposed time and you propose an alternative, the employer must postpone — provided your alternative is reasonable and falls before the end of five working days beginning with the first working day after the day proposed by the employer. Section 13(6) excludes Saturdays, Sundays, Christmas Day, Good Friday and bank holidays, by reference to the relevant part of Great Britain.
If the right is refused (ss.11–12)
You may complain to a tribunal that the employer failed, or threatened to fail, to comply — within three months beginning with the date of the failure or threat. Compensation is capped at two weeks’ pay calculated under ERA 1996, subject to the statutory maximum week’s pay. Section 12 also gives a right not to be subjected to detriment for exercising the right, or for accompanying another worker; a dismissal on that ground is treated as unfair and the qualifying period in ERA s.108 does not apply.
“Worker” here is wider than “employee”: section 13(1)–(3) extends it to agency workers (where both the agent and the principal are employers), home workers, and most Crown employment. The request itself does not have to be in writing or within a set timeframe, but it must be reasonable and you should say in advance who the companion is.

Outcomes, warnings and gross misconduct

What a warning has to say, and what “gross misconduct” does and does not remove.
Paragraphs 18–22 of the Code: the decision is made after the meeting and confirmed in writing. A warning should set out the nature of the misconduct or poor performance, the change or improvement required with a timescale, how long the warning remains current, and the consequences of further misconduct or failure to improve. A sufficiently serious first offence may go straight to a final written warning. A decision to dismiss should only be taken by a manager with the authority to do so, and you should be told as soon as possible of the reasons, the date the contract ends, the notice period and the right of appeal.
Gross misconduct (paras 23–24). Some acts are so serious that they may call for dismissal without notice for a first offence — but the Code is explicit that a fair disciplinary process should always be followed before dismissing for gross misconduct. Disciplinary rules should give examples, which the Code says “might include things such as theft or fraud, physical violence, gross negligence or serious insubordination”. Being charged with or convicted of a criminal offence is not normally in itself a reason for disciplinary action (para 31); what matters is the effect on your suitability to do the job and on relationships with the employer, colleagues and customers.
If it ends in dismissal, the statutory test is in the Employment Rights Act 1996. Section 98(1) puts the burden on the employer to show the reason and that it is a permitted reason — capability or qualifications, conduct, redundancy, statutory restriction, or some other substantial reason. Section 98(4) then asks whether, in the circumstances including the size and administrative resources of the employer’s undertaking, the employer acted reasonably in treating that as a sufficient reason for dismissing, determined in accordance with equity and the substantial merits of the case. It is not a criminal standard of proof.
As at 8 August 2026, ERA s.108(1) provides that the right not to be unfairly dismissed does not apply unless the employee has been continuously employed for not less than two years ending with the effective date of termination, with a long list of exceptions in s.108(3) where no qualifying period applies. legislation.gov.uk lists a change to s.108(1) under the Employment Rights Act 2025 as not yet applied. Re-checked 9 August 2026: Acas states that the qualifying period drops to six months on 1 January 2027. The two-year figure above is therefore the position on the date checked and not a permanent one — confirm the current position on legislation.gov.uk before relying on it, especially if your employment ends on or after 1 January 2027.

Appealing — and why skipping it can cost you

Paragraphs 26–29 of the Code, read with TULRCA s.207A(3).
  • If you feel the action taken is wrong or unjust, you should appeal.
  • Appeals should be heard without unreasonable delay at a time and place that should be notified to you in advance.
  • You should let the employer know the grounds of appeal in writing. Be specific: procedure, findings of fact, consistency of treatment, severity of sanction, new evidence.
  • The appeal should be dealt with impartially and, wherever possible, by a manager who has not previously been involved.
  • You have the statutory right to be accompanied at an appeal hearing — section 13(4)(c) covers a hearing that could confirm a warning or other action.
  • The result should be communicated to you in writing as soon as possible.
The cost of not appealing is concrete: under TULRCA s.207A(3) a tribunal may reduce any award by up to 25% where the employee unreasonably failed to comply with the Code. Acas also states that a judge will usually expect to see that you tried to resolve the dispute, including appealing a disciplinary outcome.
Special case (para 30): where the employee is a trade union representative, the normal procedure should be followed, but it is advisable to discuss the matter at an early stage with an official employed by the union — after obtaining the employee’s agreement.

Deadlines that start running — and what actually pauses them

Internal appeals do not extend a tribunal time limit. Only Acas early conciliation does.
Unfair dismissal: the complaint must be presented before the end of three months beginning with the effective date of termination, or within such further period as the tribunal considers reasonable where it was not reasonably practicable to present it in time (ERA s.111(2)). A tribunal shall consider a complaint presented after notice is given but before the termination date takes effect (s.111(3)).
Refused companion: three months beginning with the date of the failure or threat (ERelA 1999 s.11(2)). Discrimination: three months starting with the date of the act, or such other period as the tribunal thinks just and equitable, with conduct extending over a period treated as done at the end of that period (Equality Act 2010 s.123).
You must contact Acas first. Under section 18A of the Employment Tribunals Act 1996 a prospective claimant must provide the prescribed information to Acas before presenting a claim, and may not present a claim without the certificate. ERA s.207B then does the pausing: the period from the day after you contact Acas (Day A) to the day you receive the certificate (Day B) is not counted, and a limit that would otherwise expire between Day A and one month after Day B expires at the end of that period instead. Acas states that raising the problem with your employer first does not change the tribunal time limits, and that Acas cannot represent you, take sides, prepare your case, tell you whether you have a valid case or give legal advice.
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Long FAQ (UK disciplinary process)

Tap to expand. Written for employees and workers in England, Wales and Scotland.
1) Can I bring my solicitor, my partner or a friend to the hearing?
Not as of statutory right. Section 10(3) of the Employment Relations Act 1999 limits the companion to a trade union official employed by the union, a union official certified in writing by the union as experienced or trained in the role, or another of the employer’s workers. Anything wider depends on your employer’s own policy — so read the policy and ask.
2) Am I entitled to a companion at the investigation meeting?
There is no statutory right to be accompanied at a formal investigatory meeting (Acas Code para 7), although your employer’s own procedure may allow it. The statutory right attaches to a hearing that could result in a formal warning, other disciplinary action, or the confirmation of one on appeal.
3) My rep cannot make the date. Can I move the hearing?
If your chosen companion is unavailable and you propose an alternative time, the employer must postpone — provided the alternative is reasonable and falls before the end of five working days beginning with the first working day after the day the employer proposed (ERelA 1999 s.10(4)–(5)). Section 13(6) excludes weekends, Christmas Day, Good Friday and bank holidays from that count.
4) Do I have to be given the evidence before the hearing?
Paragraph 9 of the Acas Code says the written notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable you to prepare, and that it would normally be appropriate to provide copies of any written evidence, which may include witness statements. If you have not received it, ask in writing and keep the request.
5) Does suspension mean they have already decided?
It should not. Paragraph 8 of the Code says that where suspension with pay is considered necessary it should be as brief as possible, kept under review, and that it should be made clear that suspension is not a disciplinary action.
6) Can the same manager investigate and then decide?
Paragraph 6 says that in misconduct cases, where practicable, different people should carry out the investigation and the disciplinary hearing. “Where practicable” is doing work there: paragraph 3 lets tribunals take the employer’s size and resources into account.
7) They say it is gross misconduct, so is there any point in a process?
Yes. Paragraph 23 accepts that some acts may call for dismissal without notice for a first offence, but states that a fair disciplinary process should always be followed before dismissing for gross misconduct. The ERA s.98(4) reasonableness test still applies to the dismissal.
8) What should a written warning actually contain?
Under paragraph 20 it should set out the nature of the misconduct or poor performance, the change or improvement required with a timescale, how long the warning will remain current, and the consequences of further misconduct or failure to improve. If yours is silent on how long it lasts, ask for that in writing.
9) Is it worth appealing if I have already decided to leave?
Usually yes. TULRCA s.207A(3) allows a tribunal to reduce any award by up to 25% where the employee unreasonably failed to comply with the Code, and Acas says a judge will usually expect to see that you tried to resolve the dispute. Appealing also puts your version of events on the record.
10) What if I am too unwell to attend?
Tell the employer in writing, with evidence, and propose how you can still participate — a written response, a rearranged date, or your companion attending. Paragraph 25 allows the employer to decide on the available evidence where an employee is persistently unable or unwilling to attend without good cause, so silence is the risky option. If the reason is a disability, the discrimination guide is the better starting point.
11) I have been charged with an offence outside work. Can they discipline me?
Paragraph 31 says that being charged with or convicted of a criminal offence is not normally in itself a reason for disciplinary action. What the employer should consider is the effect of the charge or conviction on your suitability to do the job and on your relationships with the employer, colleagues and customers.
12) Does any of this apply in Northern Ireland?
No. ERA 1996 ss.94, 98, 108, 111 and 207B; Employment Relations Act 1999 ss.10–13; TULRCA 1992 s.207A; Employment Tribunals Act 1996 s.18A and Equality Act 2010 s.123 are all marked as extending to England, Wales and Scotland. Northern Ireland has its own separate employment legislation and its own conciliation body — the Acas Code, these section numbers, the companion categories, the five-working-day rule and these time limits should not be applied there.
13) Can Dogetlawyer tell me whether I will win?
No — predicting an outcome is advice and depends on facts and evidence we cannot verify. What AI Lawyer can do is help you draft a clear, dated response letter, list the documents to request, and structure your grounds of appeal so a solicitor or union rep spends their time on the substance.
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This is general legal information, not legal advice. Statutory references and the Acas Code checked on 8 August 2026.