Disciplinary & Grievance Fair Process, Legal Compliance

The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the basic requirements of fairness. Tribunals must consider it when deciding relevant cases. Failure to follow the Code can result in a 25% increase in compensation. It covers investigation, notification, hearing, accompaniment, decision and appeal.

For gross misconduct (theft, fraud, violence, serious insubordination, breach of health and safety), summary dismissal without previous warnings can be fair — but only if proper investigation and procedure are followed. For ordinary misconduct or poor performance, progressive warnings are normally required.

Under Section 10 of the Employment Relations Act 1999, employees have the right to be accompanied at a formal disciplinary or grievance hearing by a trade union representative or a fellow worker. You cannot refuse this right. The companion can address the hearing, confer with the employee and sum up, but cannot answer questions on behalf of the employee.

You can still proceed — but you must make reasonable adjustments. Offer alternative arrangements, obtain medical advice on fitness to attend, consider written submissions and demonstrate that you've taken the illness into account. Indefinite delay is not required.

As quickly as reasonably practical — delays can be held against you. A straightforward case should be concluded within 2-4 weeks of the incident. Complex cases involving multiple witnesses or external investigation may take longer but should progress without unnecessary delay.

Yes. We attend as your HR adviser — guiding the hearing chair, ensuring procedure is followed, advising on questions and taking comprehensive notes. This dramatically reduces the risk of procedural errors.

Based on case complexity and level of support needed. From telephone advice on simple cases to full management of complex investigations and hearings. Contact us for a quote.