Disciplinary procedures

A disciplinary procedure is how your employer deals with concerns about your conduct or performance. Under the ACAS Code of Practice, it should investigate first, tell you the allegations in writing, hold a hearing where you can respond, give a written decision and let you appeal. You have a legal right to bring a colleague or trade union representative to the hearing. Public sector employers follow written policies based on the Code, and those policies often add more protection.

Conduct, capability and gross misconduct

Most policies separate three kinds of issue:

• misconduct, such as lateness, breaking a policy or inappropriate behaviour
• gross misconduct, serious enough to justify dismissal for a first offence (for example, theft, violence, serious breaches of safeguarding or patient safety, or falsifying records)
• capability, where the concern is your performance or health rather than behaviour, usually handled under a separate capability or sickness policy

Your employer’s policy should list examples of gross misconduct. If you are unsure which procedure is being used, ask.

Investigation

Before any hearing, the employer should investigate. An investigating officer collects evidence, which may include interviews with you and witnesses. An investigation meeting is not a disciplinary hearing, and there is no statutory right to be accompanied at it, although most public sector policies allow a union rep or colleague.

Ask what you are being investigated for. Keep your answers factual. If you need time to look at records, say so.

Suspension

You can be suspended while the investigation takes place if the allegation is serious, or if there is a risk to evidence, colleagues, patients or pupils. Suspension should be on full pay, should be kept as short as possible and is not meant to be a punishment or a judgement on the case. In the NHS and schools, employers often look at alternatives such as moving you to another area or removing particular duties.

Keep in touch with your union, and with the contact your employer names, during suspension. Ask about access to the employee assistance programme if you need support.

The hearing

If there is a case to answer, you should get a letter that sets out the allegations and the possible outcome, with copies of the evidence. It should give you reasonable time to prepare and tell you about your right to be accompanied.

At the hearing you can state your case, answer the allegations, question evidence and call witnesses. Your companion can put your case and sum up but cannot answer questions for you. If your companion cannot attend on the date set, you can propose another reasonable date.

The manager hearing the case should be someone not involved in the investigation where possible. They may adjourn before deciding.

Possible outcomes

Outcomes usually range from no action, through a first written warning and a final written warning, to dismissal (with notice, or without notice for gross misconduct). Warnings normally stay on file for a set period stated in your policy. Some public sector policies also allow downgrading or redeployment as alternatives to dismissal.

You should get the decision in writing with reasons, and be told how to appeal.

Appeal

Appeal in writing, within the time your policy allows, and set out why: new evidence, an unfair process or a sanction that was too harsh. The appeal should be heard by someone more senior who was not involved. You can be accompanied again.

Regulators and barring

In many public sector jobs a disciplinary can lead to a referral beyond your employer. Nurses, midwives and nursing associates may be referred to the NMC; allied health professionals to the HCPC; doctors to the GMC; social workers to their regulator; teachers in England to the Teaching Regulation Agency. Where there is a risk of harm to children or vulnerable adults, the employer may have a duty to refer to the Disclosure and Barring Service. Union advice is particularly important in these cases.

Your rights if you are dismissed

Unfair dismissal claims currently need two years’ service. For dismissals from 1 January 2027, the Employment Rights Act 2025 cuts this to six months and removes the cap on the compensatory award. The Employment Rights Act 2025 guide tracks the dates. Some dismissals are automatically unfair from day one, including dismissal for whistleblowing, pregnancy, trade union activity or asserting a statutory right.

If your employer or you unreasonably fail to follow the ACAS Code, a tribunal can adjust compensation by up to 25%. You must go through ACAS early conciliation before a claim, and the time limit for most claims has been six months since 1 October 2026. A union rep is the most practical source of help, and the trade unions guide lists who represents which jobs. The grievance guide covers complaints you want to raise yourself.