Employment law

A disciplinary process can be used to investigate concerns about an employee’s conduct, absence and/or performance. This is a guide for members about undertaking a disciplinary investigation of an employee

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  • Date: 02 February 2023
If you are unable to resolve a situation informally it may be necessary to carry out a disciplinary hearing. There are several steps you should take to ensure the process is fair, transparent and complies with UK employment law.

This medical advisory guide summarises the key aspects of undertaking a disciplinary process, including the practicalities of a disciplinary hearing. The guide refers to the ACAS Code of Practice for Disciplinary and Grievance. A failure to follow the Code does not, in itself, make a person or organisation liable to proceedings. However, employment tribunals will take the Code into account when considering cases.

Our guide offers practical general advice to those undertaking a disciplinary process, and signposts where to get further help and support. If you intend to initiate a disciplinary investigation, it is usually advisable to seek appropriate employment law advice as early into the process as possible.

This guide is a useful tool for anyone wanting to learn more about the disciplinary process for employees, as well as offering general advice and support for those undertaking or overseeing them. As a benefit of membership with MDDUS, the guide is free for you to download and refer back to whenever needed.

This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.

The disciplinary investigation process

A guide for members about undertaking a disciplinary investigation of an employee.

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