Disciplinary Procedure

What is a disciplinary procedure?

A disciplinary procedure is used by employers in Great Britain to explain the employer's process for bringing disciplinary action against employees.

What is the difference between a disciplinary procedure and a grievance procedure?

A disciplinary procedure will explain the process for bringing disciplinary action against employees.

A grievance procedure will explain how employees and workers can raise a grievance (complaint) about a work situation.

Is it mandatory to have a disciplinary procedure?

Yes. An employer needs to specify in writing any disciplinary procedures that will apply to employees. Where this information is not set out within a contract of employment, the employer should refer the employee to a separate document.

What are the prerequisites of a disciplinary procedure?

If an employer formally recognises a trade union or staff association, they may wish to consult or agree on the terms of the procedure with them. If a collective agreement* is in place between the employer and the relevant union or association it may be a requirement to consult with them about the procedure and/or agree upon the terms with them.

The disciplinary procedure will apply to employees only and not any volunteers or other service providers connected to the employer.

A collective agreement is a written contract that is negotiated between a union and an employer on behalf of its union members.

What should be done once a disciplinary procedure is ready?

The procedure should be made easily available and communicated to employees. It is common to display workplace policies in an easily accessible public area, or within a staff handbook. The procedure will be provided to new employees when they start work, usually with their contract of employment.

What other documents should be held with a disciplinary procedure?

It is also useful for employers to hold other relevant policy documents that may be read in conjunction with and may refer to the disciplinary procedure. For example, this may include:

• a workplace code of conduct
• a grievance policy
• an equal opportunities policy
• a redundancy policy
• a workplace domestic abuse policy
• a social media policy
• a privacy policy
• a sickness/absence policy
• a gift and hospitality policy
• a whistleblowing policy
• a substance abuse policy
• a working from home policy

How long should a disciplinary procedure last?

The procedure can remain in place indefinitely. However, it is important to make sure that the procedure is reviewed and updated, as appropriate. Should the procedure be revised or altered, these revisions and alterations must be communicated to employees at the earliest opportunity.

What should a disciplinary procedure contain?

A disciplinary procedure should explain:

• the purpose of the procedure
• the circumstances in which the procedure will apply
• the different types of disciplinary offences
• the process for disciplinary proceedings
• the possible outcomes

What laws apply to a disciplinary procedure?

The main legal provisions which are relevant to a disciplinary procedure are:

• The Employment Rights Act 1996
• The Employment Act 2008
• The Acas Code of Practice
• The Government Guidance of Disciplinary Action

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