Disciplinary Procedure in the UK (2026): The Acas Steps, Your Rights and the 25% Uplift

A disciplinary procedure is how an employer deals fairly with misconduct or poor performance — and how it shows a tribunal later that it did. This guide is for UK small business owners and managers handling their first case, and for employees who've just received an invitation letter. It walks through the steps in the Acas Code of Practice, the right to be accompanied, warnings and gross misconduct, appeals, what the 25% tribunal uplift means in pounds, and what changes when the six-month unfair dismissal rule arrives on 1 January 2027.

Quick answer

A fair UK disciplinary procedure follows the Acas Code of Practice: investigate, tell the employee in writing what the problem is, hold a meeting where they can respond, decide and confirm the outcome in writing, then offer an appeal. Workers can bring a colleague or union representative to the hearing. If an employer unreasonably ignores the Code and loses a tribunal claim, the award can rise by up to 25%.

• Investigate first — and, where practicable, use different people to investigate and to decide

• Hearings must be postponed up to 5 working days if the chosen companion can't attend

• Gross misconduct can mean dismissal without notice, but still needs a fair process

• Unfair dismissal protection starts after 6 months for dismissals from 1 January 2027 (currently 2 years)

• Most tribunal claims must now start within 6 months (from 1 October 2026)

What a disciplinary procedure covers

A disciplinary procedure is the written process you use when an employee's conduct or performance falls short. Conduct cases cover things like lateness, unauthorised absence, rudeness, refusing reasonable instructions, bullying or misuse of company equipment. Performance cases — often called capability — are about someone who is trying but not doing the job to the standard required. Acas suggests trying coaching, training and mentoring first for performance problems, and some employers run a separate capability procedure. Whatever you call it, the same Acas Code standards apply once the process becomes formal.

The Acas Code doesn't apply to everything that can end a job. It expressly excludes redundancy dismissals and the non-renewal of a fixed-term contract when it expires. Those have their own fairness rules — see the redundancy pay guide — but they aren't disciplinary matters, and you shouldn't dress up a conduct problem as a redundancy or the reverse.

You don't have to start formally. GOV.UK says employers often raise a matter informally first, and Acas encourages a private conversation to listen, agree improvements and set a review date. A quiet word that fixes a lateness problem is usually better for everyone than a hearing. What you can't do is go straight to a formal sanction such as a written warning or dismissal without the steps below.

Your disciplinary rules must be in writing and easy for staff to find. GOV.UK says they should explain what's acceptable, what isn't, and what happens when rules are broken, with examples of gross misconduct. The written statement of employment particulars must tell staff where to find the rules and who they can appeal to. If you leave that out and the employee later wins a related tribunal claim, the tribunal can add compensation of up to 4 weeks' pay — see our employment contract guide.

Which process applies?

Step 1

Problem with an employee

Step 2

Conduct

disciplinary procedure

Step 3

Performance

capability — same Acas Code

Step 4

Redundancy / fixed-term expiry

outside the Code

The legal framework in plain English

Four pieces of law sit behind every disciplinary in Great Britain. The Acas Code of Practice on disciplinary and grievance procedures, in force since 11 March 2015, sets the minimum standard of fairness. It isn't a statute, and breaching it isn't unlawful in itself, but tribunals must take it into account. Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, a tribunal can increase an award by up to 25% if the employer unreasonably failed to follow it — or reduce an award by the same amount if the employee unreasonably failed to, for example by refusing to attend any meeting.

Section 10 of the Employment Relations Act 1999 gives workers the statutory right to be accompanied at disciplinary and grievance hearings. The Employment Rights Act 1996 decides whether a dismissal is fair: the employer needs a fair reason, such as conduct or capability, and must act reasonably, which in practice means following a fair procedure. And your own contract and handbook matter: if the disciplinary procedure is contractual and you ignore it, an employee may have a breach of contract claim even without unfair dismissal rights.

Northern Ireland is different. It has its own Labour Relations Agency code, a statutory minimum dismissal procedure and industrial tribunals, and the Employment Rights Act 2025 changes described here don't extend to it. This guide covers England, Scotland and Wales.

The disciplinary procedure step by step

The Acas Code doesn't dictate exact timescales, but it does dictate the order. Each step should happen "without unreasonable delay" — a phrase that recurs throughout the Code — so that memories are fresh and the employee isn't left in limbo.

The Acas disciplinary process

1. 1

   Try informal resolution

   Talk privately, listen, agree what needs to change and by when. Keep a short confidential note.

2. 2

   Investigate

   Gather the facts — documents, CCTV, witness statements — and, if needed, hold an investigation meeting. An investigation isn't disciplinary action.

   Tip: Where practicable, use a different manager to investigate and to hold the hearing.

3. 3

   Write to the employee

   Set out the allegation, the possible consequences, copies of the evidence, the date, time and place of the hearing, and the right to be accompanied.

4. 4

   Hold the disciplinary hearing

   Explain the case, go through the evidence and let the employee respond, ask questions, present evidence and call relevant witnesses.

5. 5

   Decide and confirm in writing

   Choose a proportionate outcome. Warnings must say what must improve, by when, how long the warning lasts and what happens if it doesn't.

6. 6

   Offer an appeal

   Give a deadline to appeal, name who hears it, and use a manager not previously involved where possible.

Investigation and suspension

The Code expects you to establish the facts before anything else. For a short lateness issue that may be a timesheet and a conversation; for an allegation of theft it may mean CCTV, till records and several witness statements. An investigatory meeting is allowed, but it shouldn't by itself lead to a sanction. There's no statutory right to be accompanied at an investigation meeting, though Acas calls it good practice to allow one.

Suspension is sometimes needed — for example to stop interference with witnesses — but it should be brief, kept under review, and the employee should be told clearly that it isn't a disciplinary sanction. GOV.UK says suspension should normally be on full pay. Unpaid suspension is only possible if the contract allows it, and stopping pay without that right can lead to an unlawful deductions claim.

The invitation letter and the hearing

The invitation letter is where many small employers go wrong. Acas says it should set out the alleged misconduct or performance problem, the evidence gathered (normally copies of witness statements), anything else to be discussed, the date, time and place, the right to be accompanied, and the possible outcomes. If dismissal is a possibility — because the allegation is gross misconduct, or the employee is already on a final written warning — the letter should say so plainly. Give notice "in good time" so the employee can prepare; the Code doesn't set a number of days.

At the hearing, the manager explains the complaint and goes through the evidence, and someone takes notes. The employee can answer each point, ask questions, show their own evidence and call relevant witnesses if they gave notice. If they raise something significant and new, it's fair to adjourn and investigate before deciding. If the employee is off sick or doesn't attend, Acas says to rearrange and consider alternatives — a different venue, written submissions — before deciding whether to go ahead without them.

The right to be accompanied

Any worker — not just employees — who is invited to a disciplinary hearing that could lead to a formal warning or other action, or to an appeal hearing about one, has the statutory right to bring a companion. The companion can be a fellow worker, a trade union representative certified by their union as competent to accompany, or an official employed by a union. Employers can allow others, such as a family member or a support worker for a disabled employee, and reasonable adjustments may require that, but they don't have to otherwise.

The worker must make a reasonable request. It doesn't need to be in writing, but it should give the companion's name and enough time to arrange things. In Wolfe v Taka Mayfair Ltd [2026] EAT 106, the Employment Appeal Tribunal confirmed that if no request is made, the statutory right never arises — even where the employer called an unexpected meeting without saying what it was about. That doesn't make ambush meetings a good idea: they still undermine the fairness of any dismissal and may count against you under the Code.

If the chosen companion can't attend, the worker can propose another reasonable time, and you must postpone to it as long as it's within 5 working days of your original date. At the hearing, the companion can put and sum up the worker's case, respond on their behalf to views expressed, and confer with them, but can't answer questions for them. Fellow workers are entitled to a reasonable amount of paid time off to act as a companion, and GOV.UK confirms they can't be disciplined for supporting a colleague.

If you refuse a companion or refuse a valid postponement, the worker can complain to a tribunal and be awarded up to 2 weeks' pay, with a week's pay capped at £751 — so up to £1,502. The Department for Business and Trade began a six-month review of this right in July 2026, looking at awareness, how it's used and whether the list of permitted companions is still right, so check for changes in 2027.

Outcomes: warnings, final warnings and dismissal

The outcome has to be proportionate to what was found. GOV.UK lists the realistic options as no action, a written warning, a final warning, demotion, dismissal, or another resolution such as mediation. Demotion or loss of pay is only an option if the contract allows it.

*Periods are the example given in the Acas guide; your own policy sets them.

Every written warning should say what the problem was, what change is needed and by when, how long the warning will stay live, and what will happen if there's no improvement or further misconduct. For performance cases, add the training or support you'll provide. Acas says expired warnings should be disregarded for future disciplinary purposes, so diarise the expiry date.

Only a manager with authority to dismiss should take a dismissal decision, and the letter must give the reasons, the termination date, the notice period and the right of appeal. Gross misconduct — Acas's examples include theft, fraud, physical violence, gross negligence and serious insubordination — can justify dismissal without notice or pay in lieu, but only after investigation and a hearing. Write your own examples into the policy so staff know where the line is: for a café that might include drinking on shift; for a care provider, a serious safeguarding breach.

Appeals

The Code expects every formal outcome to come with a right of appeal. The employee should put their appeal in writing with their grounds — perhaps the sanction is too harsh, new evidence has emerged, or the process was unfair — and you should hear it without unreasonable delay. Where possible, a manager not previously involved should take it; in a very small business that may be the owner or an external HR adviser. The right to be accompanied applies at the appeal hearing too.

The Code doesn't set an appeal deadline. The Acas sample procedures for small firms use five working days to lodge an appeal, which is a common choice; whatever you pick, put it in the outcome letter. Confirm the appeal result in writing. An appeal can uphold, reduce or overturn the original outcome, and a fair appeal can cure some defects in an earlier stage.

The 25% uplift and other money at stake

The uplift is easiest to understand with numbers. Suppose Priya worked for a small logistics firm for three years and was dismissed in March 2026 for alleged misconduct after a single meeting arranged at an hour's notice, at which her request to bring a colleague was refused and no appeal was offered. She brings an unfair dismissal claim and wins. The tribunal assesses her compensatory award at £18,000.

Worked example — what ignoring the Code can add

Item	Amount	Why
Compensatory award assessed	£18,000	Loss of earnings and benefits
Acas Code uplift (tribunal chooses 20%)	£3,600	No proper invitation, no companion, no appeal — up to 25% available
Failure to allow a companion	£1,502	up to 2 weeks' pay at the £751 cap — her request was refused
Rules missing from written statement	£1,502–£3,004	2 to 4 weeks' pay at the capped weekly rate, where applicable
Potential total before the basic award	£24,604–£26,106	Illustrative only

Compensatory award assessed

Amount

£18,000

Why

Loss of earnings and benefits

Acas Code uplift (tribunal chooses 20%)

Amount

£3,600

Why

No proper invitation, no companion, no appeal — up to 25% available

Failure to allow a companion

Amount

£1,502

Why

up to 2 weeks' pay at the £751 cap — her request was refused

Rules missing from written statement

Amount

£1,502–£3,004

Why

2 to 4 weeks' pay at the capped weekly rate, where applicable

Potential total before the basic award

Amount

£24,604–£26,106

Why

Illustrative only

The tribunal picks the percentage — anything from 0% to 25% — based on how serious and deliberate the failures were. A small employer that tried but missed one step will usually fare better than one that ignored the Code altogether. The uplift also works in the employer's favour: if the employee refused to attend any meeting or appeal without good reason, the award can be cut by up to the same percentage.

Today, the compensatory award for ordinary unfair dismissal is capped at £123,543 or 52 weeks' pay if lower. The Employment Rights Act 2025 removes that cap for dismissals from 1 January 2027, so a badly run procedure for a well-paid employee could cost more than before.

What changes in 2026 and 2027

Three changes matter for anyone running a disciplinary this year and next.

Tribunal time limits doubled. For problems that happened on or after 1 October 2026, most claims — including unfair dismissal — must start within six months minus one day, rather than three. For unfair dismissal the clock usually starts on the last day of employment. Running an internal appeal doesn't stop the clock; only notifying Acas for early conciliation pauses it. Keep disciplinary records for at least that long.

Unfair dismissal from six months. Today an employee normally needs 2 years of service to claim ordinary unfair dismissal. For dismissals with an effective date of termination on or after 1 January 2027, that falls to 6 months, and statutory notice counts towards service. Many staff you could previously let go with minimal process will be protected, so a fair disciplinary procedure becomes the default rather than an optional extra. See our probation period guide for how this affects new starters.

A new Acas Code is on the way. Acas consulted on a revised draft Code from 30 July to 23 September 2026 — the first full rewrite since 2009. It stresses early informal resolution, reasonable adjustments and the Equality Act, manager training, mediation, and clearer guidance on suspension and postponing meetings, and it asks for views on using AI in these processes. It won't apply until the government approves it and it's laid before Parliament, and Acas will also consider the outcome of the accompaniment review. Until then, follow the 2015 Code.

Disciplinary-related dates

11 Mar 2015

Current Acas Code takes effect

30 Jul – 23 Sep 2026

Acas consultation on revised draft Code

1 Oct 2026

Tribunal time limit rises to 6 months for most claims

1 Jan 2027

Unfair dismissal after 6 months; compensatory cap removed

2027 (expected)

Revised Acas Code, subject to approval; accompaniment review findings

Worked example: a café owner handles repeated lateness

Tom runs a café in Leeds with eight staff. Jade, a barista with 14 months' service, has been late six times in five weeks. Tom first has an informal chat; Jade explains a bus timetable change and promises to fix it. Three weeks later she's late four more times. Tom now moves to the formal process.

He checks the rota records and the till log-ins, then writes to Jade inviting her to a disciplinary hearing four working days later. The letter lists the ten dates and times, attaches the rota extracts, says the possible outcome is a written warning and explains she can bring a colleague or union representative. Jade asks to bring a colleague who's on leave that day, and proposes the following Tuesday — within five working days — so Tom moves the meeting.

At the hearing Jade accepts the lateness and explains she's caring for a parent in the mornings. Tom adjourns briefly, considers whether a later start time would work, and decides on a first written warning live for six months, plus a trial 9am start for four weeks. His outcome letter sets out the problem, the improvement needed, the warning period, what happens if lateness continues, and that she can appeal in writing within five working days to the café's co-owner. Jade doesn't appeal, and her timekeeping improves.

Because Jade has under two years' service, she couldn't currently claim ordinary unfair dismissal. From 1 January 2027 she'd be protected after six months — and Tom's well-documented process is exactly what a tribunal would want to see if things later escalated.

Common mistakes and how to fix them

Investigating and deciding with the same person. In a micro business it may be unavoidable, but where there's a choice, split the roles. If you can't, say so in the notes and make sure the appeal is heard by someone else.

Vague allegations. "Your attitude is poor" can't be answered. List dates, incidents and the rules breached, and send the evidence in advance.

Pre-judging the outcome. Drafting a dismissal letter before the hearing is a gift to a tribunal. Decide only after you've heard the employee.

Forgetting the warning's expiry. Relying on an expired warning to justify dismissal is risky. Record the expiry date when you issue it.

Treating gross misconduct as a shortcut. It removes the need for notice, not the need for a fair process.

Missing discrimination risks. Day-one protections against discrimination and whistleblowing detriment apply whatever the length of service. If absence or performance is linked to a disability, consider reasonable adjustments first.

Before the disciplinary hearing

0/8

• Written disciplinary rules issued to staff and referenced in the written statement
• Investigation completed and notes, statements and documents collected
• Invitation letter sets out allegations, evidence, possible outcomes and the right to be accompanied
• Dismissal warned of in the letter if it's a possible outcome
• Hearing date allows time to prepare; companion postponement offered if requested
• Note-taker arranged; reasonable adjustments considered
• Outcome and appeal letters ready to complete after — not before — the hearing
• Warning expiry date diarised

Share Print

Official links

• Acas Code of Practice on disciplinary and grievance proceduresThe current statutory Code
• Acas disciplinary procedure step by stepDetailed guidance and templates
• Taking disciplinary action against an employeeGOV.UK employer guidance
• Disciplinary procedures and action at workGOV.UK guidance for employees
• Acas draft Code consultation (2026)Status of the revised Code
• Unfair dismissal changes from 1 January 2027Six-month qualifying period

What to do next

Check that your disciplinary rules are written down, referenced in each employee's written statement and give real examples of gross misconduct, then train whoever will run hearings before the first case arrives. If an employee raises a complaint in the middle of a disciplinary, read our grievance procedure guide — you can usually pause and deal with it first. If a case ends in dismissal, use the notice period guide to work out notice and pay in lieu, and the salary slip generator for the final payslip. For a specific case, the Acas helpline on 0300 123 1100 is free.

This is general information, not legal or tax advice — confirm on the official source or with a professional.

Frequently asked questions

What are the stages of a disciplinary procedure in the UK?

The Acas Code sets out a fair sequence: establish the facts through an investigation, tell the employee in writing what the problem is, hold a meeting where they can respond and be accompanied, decide on the outcome and confirm it in writing, then offer an appeal heard by someone impartial. Many issues can be settled informally before any of this starts.

Can I bring someone to a disciplinary hearing?

Yes, if you make a reasonable request. The statutory companion is a fellow worker, a trade union representative certified by their union, or a full-time union official. Your employer can allow others, such as a family member, but doesn't have to unless your contract or policy says so. If your companion can't make the date, the hearing must be moved to a reasonable time within 5 working days of the original date.

What happens if my employer doesn't follow the Acas Code?

Not following the Code isn't unlawful in itself, but employment tribunals must take it into account. If you win a relevant claim, such as unfair dismissal, and the employer unreasonably failed to follow the Code, the tribunal can increase your award by up to 25%. It can equally reduce an award by up to 25% if the employee unreasonably failed to follow it.

How long does a written warning last?

There's no legal period. Your disciplinary policy should set it. The Acas guide gives a typical example: a first written warning stays live for up to six months and a final written warning for 12 months, or longer in exceptional cases. Once a warning expires it should be disregarded for future disciplinary decisions.

Can you be dismissed for a first offence?

Yes, for gross misconduct, such as theft, fraud, physical violence or serious negligence. Even then, the employer must investigate and follow a fair procedure, including a hearing and a right of appeal. Gross misconduct can justify dismissal without notice or pay in lieu of notice, but it doesn't justify skipping the process.

Is the Acas disciplinary code changing in 2026?

Acas consulted on a revised draft Code between 30 July and 23 September 2026. It puts more weight on early informal resolution, reasonable adjustments, training and mediation. It isn't in force yet: it needs government approval and must be laid before Parliament. Until then the 2015 Code applies, and the up-to-25% adjustment is staying.

Sources & verification

Figures on this page were checked against the sources below when it was last reviewed on 13 October 2026. Each rate and limit is stored once with its own official source and review date, and official update channels are monitored daily so changes are picked up. How we verify

1. 1.Code of Practice on disciplinary and grievance procedures — Acas · accessed 13 October 2026
2. 2.Taking disciplinary action against an employee — GOV.UK · accessed 13 October 2026
3. 3.Disciplinary procedures and action against you at work — GOV.UK · accessed 13 October 2026
4. 4.Disciplinary procedure step by step: the hearing and deciding the outcome — Acas · accessed 13 October 2026
5. 5.Discipline and grievances at work: the Acas guide — Acas · accessed 13 October 2026
6. 6.Acas consultation: draft Code of Practice on disciplinary and grievance procedures — Acas · accessed 13 October 2026
7. 7.Unfair dismissal rights — Department for Business and Trade (business.gov.uk) · accessed 13 October 2026
8. 8.Employment tribunal time limits — Acas · accessed 13 October 2026
9. 9.Don't ask, don't get: EAT clarifies the right to be accompanied — Irwin Mitchell · accessed 13 October 2026