The Acas Code: Disciplinary procedures

Here are the key points in the Acas Code relating to disciplinary hearings:

• disciplinary rules should be in writing;

• disciplinary rules must be clear and specific;

• issues must be dealt with promptly and without unreasonable delay;

• employers must carry out all necessary investigations to establish the facts;

• investigations should be carried out before memories fade;

• in misconduct cases, different people should conduct the investigation and disciplinary hearing;

• any suspension should be with pay and be as brief as possible;

• employers must act consistently;

• employees must be informed of the basis of the problem and given their chance to put their side of the story before decisions are taken.

• employees should get enough advance notice to have time to prepare and to discuss issues with their rep;

• employees should get a reasonable opportunity to ask questions, present evidence and call witnesses, and to raise points about witness evidence. The employer should confirm in advance the names of any witness it intends to call;

• employees should be sent copies of all material, including witness statements, relied on by the employer, normally with the notification of the hearing;

• there is a right to be accompanied, which should be explained (see page 305);

• there must be a right of appeal, which must be properly explained.

Many employers, especially public sector employers, have more comprehensive procedures. Failure to follow an internal procedure is likely to make a dismissal unfair. In particular, where an employer has more stages of appeal in an internal disciplinary procedure, a failure to follow all of those stages can make a dismissal unfair (Stoker v Lancashire CC [1992] IRLR 75).

In some circumstances, an employee may be able to get an injunction to require an employer to follow a contractual disciplinary procedure (West London Mental Health NHS Trust v Chhabra [2013] UKSC 80). However, contractual disciplinary procedures are rare outside the public sector.