9. Decisions

After the disciplinary hearing, the employer must decide whether to take disciplinary action, and must inform the employee. A good disciplinary procedure will specify exactly what penalty can be imposed and for how long. This ensures that the employee knows the likely outcome and also promotes consistency in the employer’s approach.

The employer must decide whether disciplinary action is reasonable in the circumstances and if so, what form it should take. The Acas Code reminds employers that penalties must be proportionate to the offence. A dismissal will be unfair where the sanction imposed was beyond the band of reasonable responses available to the employer (see page 51).