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Receiving a letter from your employer

If your employer is considering disciplinary action or dismissal, their first step should generally be to write to you, setting out the problem.

The letter should contain information about your alleged misconduct or poor performance and its possible consequences. It should give you enough information to allow you to prepare a reply or an explanation before a meeting.

Meeting with your employer

Once your employer has written to you they should arrange a meeting at a reasonable time and place to discuss the issue. Your employer should not take any disciplinary action before this meeting.

In the meeting your employer should explain the complaint against you and go through the evidence. Your employer should give you the opportunity to set out your case at the meeting. Make every effort to attend the meeting.

You have a statutory (legal) right to take a companion to the meeting with you. To exercise this right you must first make a request to your employer for someone to accompany you. Your companion may be either:

• a colleague
• a trade union representative
• a trade union official

If no colleague will accompany you, and you are not a trade union member, ask if you can bring a family member or a Citizens Advice Bureau worker. Your employer does not have to agree to this unless your employment contract says that they must. However, it can still be worth asking and explaining why you feel it would be helpful.

The companion can:

• present and/or sum up your case
• speak on your behalf
• speak to you during the hearing
  

However, your companion cannot answer questions on your behalf. They are protected from unfair dismissal or other mistreatment for supporting you.

In some cases if you raise a significant new fact or issue in the meeting your employer may break off the meeting to look into the issues. They should rearrange the meeting for a later date.

After the meeting your employer should, without any unreasonable delay, write to you with their decision, setting out where appropriate the action they are going to take. They must also tell you of your right to appeal their decision. The decision might be:

• no action
• written warning
• final warning
• demotion
• dismissal

The outcome might also be anything else that could resolve the problem. For example, it could be an agreement to take part in mediation with a co-worker with whom you have had personal problems.

Appealing your employer’s decision

If you feel the disciplinary action taken against you is wrong or unjust you can appeal against the decision. You need to write to your employer and tell them that you are appealing their decision, explaining why you don’t agree with it. Your employer should arrange a further meeting to discuss your appeal.

Appeals should be heard without unreasonable delay. Wherever possible, your employer should make sure the appeal is dealt with by a manager who has not previously been involved in the case.

The appeal hearing is run similarly to the original meeting, and you have a right to bring a companion, as before. You should make sure you take notes at the appeal meeting. After the appeal meeting, your employer should write to you to tell you their final decision.

Explore alternatives

If you are still not happy with your employer’s decision, you may want to consider alternative ways of resolving your grievance.

• How to resolve a problem at work

Making a claim to an Employment Tribunal

If you have explored alternative ways of resolving your problem without success, you might consider making a claim to an Employment Tribunal.

• Employment Tribunals

Not following the disciplinary and dismissal principles

There is an Acas Code of Practice on disciplinary and grievance procedures (the Code). An Employment Tribunal will take the principles of the Code into account when considering disciplinary and grievance cases.

An Employment Tribunal will not automatically find you or your employer liable (legally at fault) if these principles are not followed. However any unreasonable failure to follow the Code by either you or your employer could lead to an adjustment of the amount you are awarded. If an Employment Tribunal upholds your claim your award could be adjusted by up to 25 per cent.

Acas have produced a guide to help you and your employer understand the Code.

• Employment Tribunals

• Download 'Acas Code of Practice on disciplinary and grievance procedures' (PDF, 57K) Opens new window

• Download 'Discipline and grievances at work. The Acas guide' (PDF, 21K) Opens new window

• Help with PDF files

Northern Ireland

Northern Ireland has its own separate dispute resolution procedures. You can find out more information on these from the nidirect website.

• nidirect Opens new window

Where to get help

Acas (the Advisory, Conciliation and Arbitration Service) offers free, confidential and impartial advice on all employment rights issues.

• Acas Opens new window

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau Opens new window

If you are a member of a trade union, you can get help, advice and support from them.

• Joining a trade union