Disciplinary action is one of the most legally sensitive areas of employment law. In England and Wales, employers are required to follow fair procedures when addressing misconduct or performance issues. Failure to do so can result in claims for unfair dismissal, wrongful dismissal, and discrimination.
Understanding employer obligations during disciplinary action is essential for reducing legal risk and maintaining fair workplace practices.
The legal framework for disciplinary action
The ACAS Code of Practice sets out the minimum standards employers are expected to follow when conducting disciplinary procedures. While the code itself is not law, employment tribunals take it into account when deciding cases and may increase compensation if it is not followed.
Employers must act reasonably, investigate issues thoroughly, and give employees a fair opportunity to respond. Disciplinary action should never be rushed or based on assumptions.
Employers must also ensure that policies and procedures are applied consistently and without discrimination.
Key employer obligations
Employers have several core obligations during disciplinary action.
• Carry out a reasonable investigation
• Inform the employee of the allegations in writing
• Hold a fair disciplinary meeting
• Allow the employee to be accompanied
• Offer a right of appeal
Employees must be given sufficient information and time to prepare for meetings. Decisions should be based on evidence and communicated clearly.
In cases of gross misconduct, summary dismissal may be appropriate, but only after a fair investigation and hearing. Immediate dismissal without process is rarely justified.
Employers must also consider reasonable adjustments for employees with disabilities and be mindful of discrimination risks at every stage.
Risks of getting disciplinary action wrong
Procedural failures are one of the most common reasons employers lose tribunal claims. Even where misconduct is clear, a flawed process can render a dismissal unfair.
Poor record keeping, inconsistent treatment, and failure to follow policies all increase risk. Emotional or confrontational handling of disciplinary issues can also escalate disputes unnecessarily.
Taking early legal advice helps employers navigate complex situations and avoid costly mistakes.
At Penerley, we advise employers on disciplinary procedures, investigations, and dismissals, ensuring compliance with employment law and best practice.
If you are dealing with a disciplinary issue or want to review your procedures, contact Penerley today to protect your business and manage employee issues lawfully and fairly.
