£9UK law · England & Wales

UK Disciplinary Procedure Policy Template

An ACAS Code-aligned disciplinary procedure covering minor misconduct through to gross misconduct and dismissal. Sets out warning stages, hearings, right to be accompanied and appeals. £9.

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Legal background

A fair disciplinary procedure is the cornerstone of defending unfair dismissal claims. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets the standard; tribunals can adjust compensation by up to 25% for unreasonable failure to follow it. The Employment Rights Act 1996 requires the principal statement to refer to disciplinary procedures.

Sample excerpt

A short preview of the kind of clauses your generated document will contain. The full document is tailored to your inputs.

1. Scope. This procedure applies to all employees and covers conduct, performance and capability matters that may lead to disciplinary action. It is aligned with the ACAS Code of Practice. 2. Investigation. Before any disciplinary action, the matter will be investigated promptly and fairly. The employee will be informed of the allegations in writing and given an opportunity to respond. 3. Disciplinary stages. Save in cases of gross misconduct, the disciplinary stages are: (i) verbal warning; (ii) first written warning; (iii) final written warning; (iv) dismissal. A final written warning typically remains live for 12 months and a first written warning for 6 months. 4. Right to be accompanied. At any disciplinary or appeal hearing, the employee has the statutory right under section 10 of the Employment Relations Act 1999 to be accompanied by a fellow worker or trade union representative. 5. Gross misconduct. Conduct including theft, fraud, violence, serious breach of health and safety, gross negligence or serious insubordination may amount to gross misconduct, which can result in summary dismissal without notice or pay in lieu. 6. Appeals. Any disciplinary outcome may be appealed in writing within 5 working days of receipt. The appeal will be heard by a manager not previously involved.

What's in the template

✓Definitions of misconduct and gross misconduct
✓Investigation prior to any hearing
✓Stages: verbal warning, written warning, final written warning, dismissal
✓Suspension on full pay where appropriate
✓Right to be accompanied (s.10 Employment Relations Act 1999)
✓Disciplinary hearing process
✓Outcome letter with reasoning and warning duration
✓Right of appeal and appeal hearing
✓Records retention and spent warnings

Who this is for

→All UK employers (referenced in Section 1 statement)
→HR functions managing performance and conduct
→Companies recently grown to 10+ staff (greater conflict surface)
→First-time employers building a defensible HR foundation

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Frequently asked questions

When can I dismiss for gross misconduct without notice?

When there has been a fair process (investigation, hearing, allowing the employee to respond) and the outcome is genuinely justified — examples include theft, fraud, violence, serious breach of health & safety. Always document.

Can I skip stages for serious cases?

Yes — the ACAS Code recognises that some cases (gross misconduct) can warrant moving directly to dismissal. But you must still investigate, hold a hearing, and allow the right to be accompanied.

How long should a written warning stay on record?

Typically 6 months for a first written warning, 12 months for a final written warning. The template lets you set the duration.

These templates are general legal information, not bespoke legal advice. For high-value or unusual matters, ask a solicitor to review.