Disciplinary Procedures: A Fair Process Guide for UK Employers

A fair disciplinary procedure is not just good practice — it is a legal requirement. An employment tribunal will examine whether you followed a fair process before ruling on whether a dismissal was fair. Even where the underlying reason for dismissal is solid, a procedural failure can make the dismissal unfair.

The ACAS Code of Practice on Disciplinary and Grievance Procedures sets the minimum standard. It requires: a written investigation before any formal action is taken; a written invitation to a disciplinary hearing with enough notice for the employee to prepare; the right for the employee to be accompanied by a colleague or trade union representative; a clear decision communicated in writing; and a right of appeal.

Mellow's disciplinary case management module tracks each stage of the process. Investigation notes, meeting records, outcome letters, and appeal decisions are all logged with timestamps and stored against the employee record. If a case reaches tribunal, you need to demonstrate that each step was followed — not remember it from memory months later. The paper trail is the defence.