Disciplinary and Grievance Procedures

What is a disciplinary procedure?

A disciplinary procedure is the process an employer uses when it has concerns about an employee’s conduct, performance or another matter that may require formal action.

Examples can include alleged misconduct, repeated failure to follow workplace rules, inappropriate behaviour, poor performance or persistent absence. The appropriate process depends on the nature of the concern and the employer’s policies.

Disciplinary action can have consequences ranging from no formal action to a warning, final warning, demotion or dismissal. The employer should normally give the employee an opportunity to understand the allegation, respond to the evidence and explain their position before a disciplinary decision is made.

What is a grievance procedure?

A grievance is a formal complaint raised by an employee about a problem at work.

A grievance can concern issues such as workplace treatment, management decisions, bullying or harassment, pay, working conditions, discrimination or another employment-related concern.

Employees will often be encouraged to try to resolve workplace concerns informally first. If the issue cannot be resolved, a formal grievance can normally be raised in writing under the employer’s grievance procedure.

GOV.UK states that an employer’s written grievance procedure should explain how to raise the grievance, who it should be sent to, how the grievance meeting will work, how long each stage should take and how an employee can appeal the decision.

What does the Acas Code say about disciplinary and grievance procedures?

The Acas Code of Practice on disciplinary and grievance procedures sets out minimum standards for handling relevant workplace cases.

The Code is not itself a separate source of compensation. However, where an employment tribunal claim is relevant, the tribunal can take the Code into account. If either side unreasonably fails to follow the Code, an award can potentially be adjusted by up to 25%.

Acas was consulting during 2026 on a proposed updated version of the Code. That draft was subject to consultation and should not be treated as the current statutory Code unless and until the relevant changes come into force.

What should happen during a disciplinary procedure?

A disciplinary procedure should give the employee a fair opportunity to understand and answer the concerns raised.

GOV.UK describes the usual disciplinary process as involving a written explanation of the issue, a meeting to discuss it, a disciplinary decision and an opportunity to appeal.

1. Investigation: The employer should investigate the relevant facts where appropriate.
2. Written notice: The employee should be told what the concern or allegation is and given appropriate information about the meeting.
3. Disciplinary hearing: The employee should have an opportunity to respond and explain their side of the story.
4. Decision: The employer should consider the evidence before deciding what action, if any, is appropriate.
5. Appeal: The employee should be given an opportunity to challenge the decision.

The exact process can vary depending on the employer’s policy and the circumstances. Serious allegations can require a more formal investigation, while some less serious issues may be dealt with informally.

What happens at a disciplinary hearing?

A disciplinary hearing is an opportunity for the employer and employee to discuss the allegations and evidence before a decision is made.

The employer should explain the complaint or allegation and go through the relevant evidence. The employee should have a reasonable opportunity to respond, correct factual errors, explain relevant circumstances and raise evidence that they believe should be considered.

If the employee raises a significant new issue, the employer may need to investigate it before making a decision.

The employee generally has a statutory right to be accompanied at a disciplinary hearing where the statutory conditions apply. The companion can be a colleague or an appropriate trade union representative or official.

The companion can present or summarise the employee’s case, respond on the employee’s behalf where permitted and confer with the employee, but cannot answer questions for the employee.

Can I be suspended during a disciplinary investigation?

An employer may suspend an employee while a serious disciplinary matter is investigated. Suspension should not automatically be treated as a disciplinary punishment.

GOV.UK states that suspension during a disciplinary investigation will normally be on full pay. An employment contract can contain terms dealing with suspension, including circumstances in which suspension without pay may be permitted.

Suspension can also affect an employee’s ability to gather evidence or communicate with colleagues. If restrictions prevent an employee from properly defending themselves, this may become relevant to an appeal or later dispute.

What disciplinary outcomes can an employer give?

The outcome depends on the allegation, the evidence, the employer’s procedure and the circumstances.

The employer should normally tell the employee the outcome in writing and explain the right to appeal.

Can I appeal a disciplinary decision?

Yes. If you believe disciplinary action is unfair, you can normally appeal under the employer’s procedure.

GOV.UK advises employees to write to their employer explaining that they are appealing and why. An appeal can raise issues such as factual errors, new evidence, procedural problems, an unreasonable decision or a disproportionate sanction.

Where possible, the appeal should be dealt with by someone who was not involved in the original disciplinary decision.

How should I raise a formal grievance?

If an informal discussion has not resolved a workplace problem, an employee can normally raise a formal grievance in writing.

Your employer’s grievance procedure should explain where the grievance should be sent and what information should be included. A useful grievance should clearly identify the issue, relevant dates, people involved, evidence supporting the complaint and the outcome you are seeking.

1. State the complaint clearly. Explain what happened rather than relying on broad descriptions.
2. Give the relevant chronology. Identify important dates and events.
3. Identify supporting evidence. Refer to relevant emails, messages, policies or other documents.
4. Explain the impact. Describe how the issue has affected your work or employment where relevant.
5. State what you want to happen. This could include an investigation, correction of records, a change in working arrangements or another appropriate resolution.

Keep a copy of the grievance and supporting documents.

What happens at a grievance meeting?

A grievance meeting gives the employee an opportunity to explain the complaint and allows the employer to understand the evidence and circumstances.

The employer should consider the information raised before reaching a decision. Depending on the complaint, further investigation may be required.

Employees generally have a statutory right to be accompanied at a grievance hearing where the legal conditions are met. The companion can be a colleague or appropriate trade union representative or official.

After considering the grievance, the employer should normally provide its decision in writing and explain how the employee can appeal if they disagree with the outcome.

What if my grievance is about my manager?

If the person normally responsible for handling grievances is directly involved in the complaint, the employer’s procedure should identify who else can receive or handle the grievance.

This is one reason it is important to read the workplace grievance procedure before submitting a formal complaint.

If the complaint concerns discrimination, harassment, bullying, victimisation or another potentially serious issue, the grievance may also overlap with other employment rights. The appropriate legal route depends on the facts.

Can a grievance be raised during a disciplinary process?

Yes, but raising a grievance does not automatically stop or cancel a disciplinary process.

Some complaints may be closely connected to the disciplinary allegations. For example, an employee might raise a grievance alleging that the disciplinary process is biased or that a manager has treated them differently from colleagues.

The employer should consider whether the grievance and disciplinary matter are sufficiently connected to affect how either process should be handled. In some cases it may be appropriate to deal with related issues together or pause one process while another issue is investigated.

The precise approach depends on the circumstances and the employer’s procedures.

What evidence should I keep?

Whether you are facing disciplinary action or raising a grievance, evidence can be important.

• your employment contract and staff handbook;
• the disciplinary or grievance policy;
• letters inviting you to meetings;
• the allegations or complaint;
• emails and workplace messages;
• meeting notes and minutes;
• performance records or previous warnings;
• relevant workplace policies;
• documents provided as evidence during the investigation;
• the final disciplinary or grievance outcome; and
• any appeal and the appeal decision.

It can also help to prepare a chronology. Record the date, what happened, who was involved and which document supports each important event.

What are the common problems with disciplinary procedures?

The allegation is unclear

An employee may struggle to respond properly if they do not understand what they are accused of doing. The relevant allegation and evidence should be sufficiently clear for the employee to prepare a response.

The investigation is incomplete

An investigation that ignores significant evidence or fails to consider an obvious alternative explanation can become important when the disciplinary decision is reviewed.

The decision appears predetermined

A disciplinary hearing should provide a genuine opportunity for the employee to respond before the final decision is made. Evidence that the outcome was decided in advance may be relevant to the fairness of the process.

The sanction appears disproportionate

The appropriate disciplinary outcome depends on the facts. Relevant considerations can include the seriousness of the conduct, previous disciplinary record, workplace rules and how similar cases have been treated.

What are the common problems with grievance procedures?

The grievance is not investigated properly

A grievance may raise factual allegations that require investigation. Simply rejecting the complaint without properly considering relevant evidence can create further dispute.

The wrong person handles the grievance

Where the person responsible for handling grievances is directly involved in the complaint, the employer should use the alternative arrangements set out in its procedure.

The employee receives no clear decision

A formal grievance should result in a clear outcome and information about the right to appeal where applicable.

The employee misses the appeal deadline

Workplace procedures often contain deadlines for appeals. Read the outcome letter carefully and act promptly if you disagree with the decision.

Real-world workplace scenarios

Accused of gross misconduct

An employee is accused of serious misconduct and suspended while the employer investigates. The employee disputes the allegation and believes important evidence was not considered. The investigation records, disciplinary invitation, evidence and hearing outcome may all be relevant when assessing the process.

Warning for poor performance

An employee receives a warning about performance but believes the employer relied on inaccurate targets and did not consider previous positive reviews. The employee may use the appeal process to identify the factual errors and provide the relevant records.

Grievance about workplace treatment

An employee raises a formal grievance about repeated treatment by a manager. The grievance identifies dates, witnesses and written communications. A structured chronology and supporting evidence can make it easier for the employer to understand what needs investigating.

Grievance raised during disciplinary action

An employee facing disciplinary action raises a complaint that the manager conducting the process has a conflict of interest. The employer may need to consider how the grievance and disciplinary process interact rather than automatically treating the grievance as a reason to stop everything.

Frequently asked questions