5. Disciplinary action

If the investigation concludes that there is a disciplinary case to answer, the employer must inform the employee.

The employee should be notified in writing and the notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting (Acas Code, para 9). If dismissal is a possible outcome, this should be stated.

The notification should also give details of the time and place of the disciplinary hearing and advise the employee of their right to be accompanied (Acas Code, para 10). This right is explained in Chapter 3. If the companion cannot attend the hearing, the worker has the right to postpone it (see page 26).

The Acas Code also says that it would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification of disciplinary action. If these are not supplied, they should be requested immediately, and written reminders should be sent. Not just documents but any other evidence relied on, such as CCTV evidence or audio files, must be supplied. As with all aspects of the disciplinary process, the employer should act promptly. Delay could make the process unfair and should be challenged.

Reps should familiarise themselves with all the evidence in advance of the disciplinary hearing so that they can adequately prepare to challenge the employer’s case.