Your Rights During Disciplinary Procedures

Disciplinary procedures exist to ensure fair treatment when employers have concerns about conduct or performance. The ACAS Code of Practice sets minimum standards that employers must follow. When they don't, tribunal compensation increases by up to 25%.

This article explains your specific rights during disciplinary processes, what your employer must do, and how to document when they fail to meet these obligations.

Your Statutory Rights

These rights come from the ACAS Code and the Employment Rights Act 1996. Your employer cannot remove them.

1. Right to Know the Case Against You

What the law requires: Before any formal disciplinary meeting, your employer must provide written details of:

• The specific allegations or concerns
• When and where the alleged misconduct occurred
• What evidence exists
• What the potential consequences are (including dismissal if applicable)

"Sufficient detail" means: Not: "We need to discuss your attitude." But: "On 15 January at 10:30am, during the team meeting in Conference Room B, you allegedly swore at your line manager (Sarah Thompson) in front of six colleagues. Witnesses include John Davies and Emma Wilson. This may constitute gross misconduct under section 4.2 of the disciplinary policy."

Timing: This notification must arrive before the meeting, not during it. The ACAS Code doesn't specify exact timeframes, but tribunals generally expect at least 48 hours' notice for straightforward cases.

2. Right to Be Accompanied

Statutory right under section 10, Employment Relations Act 1999: At formal disciplinary and grievance meetings, you have the right to be accompanied by:

• A work colleague, OR
• A trade union representative (whether or not you're a union member)

This right is absolute. Your employer cannot refuse it for formal disciplinary meetings.

3. Right to Present Your Case

At the disciplinary hearing, you must have a genuine opportunity to:

• Explain your position
• Challenge the evidence against you
• Provide alternative explanations
• Present your own evidence
• Call witnesses who can support your account

4. Right to Appeal

You can challenge any disciplinary decision. Your employer must:

• Inform you of your right to appeal
• Provide information on how to appeal
• Hold an appeal hearing
• Communicate the appeal decision in writing

The Disciplinary Procedure Step-by-Step

Step 1: Allegation

Your employer becomes aware of alleged misconduct or performance concerns.

Step 2: Investigation

Your employer investigates the allegations before deciding whether to proceed to formal disciplinary action.

Your rights:

• To be interviewed as part of the investigation
• To provide your account
• To identify potential witnesses

Step 3: Decision to Proceed

Following investigation, your employer decides whether to proceed to a formal disciplinary hearing.

If they proceed, you must receive: Written notice containing specific allegations, evidence, date/time/location of hearing, your right to be accompanied, and possible consequences.

Step 4: Disciplinary Hearing

The formal meeting where allegations are presented and you respond.

What should happen:

1. Employer presents allegations and evidence
2. You (or your companion) respond
3. Questions and discussion
4. Adjournment for decision

Step 5: Written Outcome

Within 5-10 working days, you receive written confirmation of the decision including what decision was made, reasons, sanctions, and right to appeal.

Step 6: Appeal

If you appeal, your employer must hold an appeal hearing with the same rights as the disciplinary hearing.

Common Employer Violations

Violation 1: The "Informal" Meeting That Isn't

Manager invites you for "informal chat" but raises performance concerns or misconduct allegations. Later, notes from this meeting appear in formal disciplinary proceedings.

Why it's wrong: If the meeting could lead to disciplinary action, it's formal and you should have been told you could be accompanied.

Violation 2: Pre-Determined Outcomes

The decision has been made before the hearing. The meeting is a formality.

Evidence of this:

• Extremely short hearing (10 minutes for serious allegations)
• Decision communicated immediately after hearing ends
• Your explanations dismissed without consideration

Violation 3: Shifting Allegations Mid-Process

You prepare to defend against specific allegations. At the hearing, your employer introduces new allegations you weren't notified about.

What to do: Request the hearing be adjourned so you can prepare properly.

Violation 4: No Appeal Process

Employer imposes disciplinary sanction but provides no information about appeal rights or refuses to hear an appeal. This is a direct ACAS Code breach that can result in 15-25% uplift in tribunal compensation.

How to Document Procedure Failures

Create a timeline:

Date	Stage	What Should Have Happened	What Actually Happened
15/01/2024	Notice of hearing	48 hours' notice with details	18 hours' notice, no details
17/01/2024	Request accompaniment	Should be granted	Refused, told "not necessary"
18/01/2024	Disciplinary hearing	Opportunity to present case	Meeting lasted 12 minutes

Save all correspondence:

• The initial hearing notification
• Your request for accompaniment
• Any request for postponement
• The written outcome (or evidence none was provided)

When to Raise a Grievance About Procedure

If your employer is breaching disciplinary procedure, you can raise a grievance about the procedural failures.

Example: "I wish to raise a formal grievance about the conduct of the disciplinary process. Specifically: I received only 17 hours' notice for the hearing, my request to be accompanied was refused, and I have not been provided with copies of witness statements."

This creates a written record and may prompt the employer to correct course.

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Legal Disclaimer: This article provides general information about disciplinary procedure rights under UK law. It is not legal advice. If you're facing disciplinary proceedings, seek advice from a qualified employment solicitor or contact ACAS directly.