When employee conduct issues arise, the way you handle your disciplinary process can make or break your organisation’s legal compliance-and your reputation. A fair, well-structured process protects your business from costly claims, supports better decision-making, and ensures your employees feel respected and heard.

Yet many HR teams and managers still struggle with getting each step right.

In this guide, we’ll walk you through what a legally compliant disciplinary process looks like in the UK-based on the Employment Rights Act and the ACAS Code of Practice from award-winning lawyer, Elissa Thursfield. You’ll discover the core stages, common pitfalls, and expert guidance to help you achieve consistent, fair outcomes every time.

1. Start With a Balanced Investigation

Every fair disciplinary process begins with a thorough, impartial investigation.

Too often, investigations focus solely on “proving guilt.” But UK law requires balance -you must also gather evidence that may disprove the allegation or support the employee’s position.

A strong investigation should include:

• Reviewing relevant documents, digital activity, or CCTV
• Speaking to witnesses
• Gathering evidence both for and against the allegation
• Interviewing the employee (recommended – even if not legally mandatory)

Skipping an investigation interview can be risky. If the employee later raises a simple explanation you could have uncovered earlier, the entire process may be deemed unfair.

2. Use Suspension Carefully – Not Automatically

Suspension should never be a knee-jerk reaction. Before suspending, consider whether you can protect the investigation’s fairness in another way.

Suspension may be justified when:

• You need confidential access to systems, emails or devices
• Witnesses feel unable to speak freely with the employee present
• You cannot conduct an impartial investigation while the employee remains at work

If suspension is necessary, you must:

• Confirm it in writing
• Explain why no alternative was suitable
• Keep the suspension no longer than reasonably necessary
• Tell the employee what is being investigated
• Maintain confidentiality

Used correctly, suspension protects both your organisation and the employee.

3. Prepare a Legally Compliant Disciplinary Letter

Once your investigation is complete and you believe there’s a case to answer, it’s time to move to the disciplinary meeting.

Your letter must include:

• A clear explanation of the allegations
• Whether the matter is misconduct or gross misconduct
• All evidence you will rely on
• Reasonable notice of the meeting
• Confirmation of the employee’s statutory right to be accompanied (trade union rep or colleague – even external union reps)
• Who will run the meeting and who the decision-maker is
• The possible outcomes (written warning, dismissal, etc.)

This stage is where many employers slip up. A weak letter = a weak process.

4. Conducting the Disciplinary Meeting

A disciplinary meeting is not a telling-off. It is your chance to understand the employee’s side of the story thoroughly.

Be sure to:

• Recap the essentials at the start: letter received, evidence received, sufficient prep time, right to be accompanied
• Ask open, probing questions
• Allow the employee to share their version of events fully
• Explore any mitigating factors
• Ask whether they have witnesses or additional evidence
• Pause the meeting if new evidence needs investigation

Never make a decision in the meeting itself. Decisions must be made after careful review.

5. Record and Share Meeting Minutes

Meeting minutes are part of the employee’s personal data-so they will see them eventually. It is best practice to share them once completed.

If the employee disagrees with the content?
That’s fine. You can note their disagreement but maintain your own record. What matters is transparency.

6. Make a Reasoned, Evidence-Based Decision

Your decision letter should clearly explain:

• What you found proven or not proven
• Why you reached that conclusion
• Why you preferred certain evidence over other evidence
• The sanction and the reasoning behind it
• The employee’s right to appeal, and who will hear that appeal

For fairness, the appeal should be heard by someone senior – or at least someone with full authority to overturn the original outcome.

Apply the same level of structure and care to your appeal process as you did to the disciplinary itself.

7. Don’t Struggle Alone – Your Compliance Safety Net

If you’re reading this and thinking:

“Our templates might be out of date…”
“I’m not confident our meeting minutes are good enough…”
“We don’t have a consistent investigation process…”

You’re not alone – and that’s exactly where our HR software and excellent-rated legal experts can help.

Our HR software includes:

• Built-in disciplinary workflows
• Legally compliant templates
• Step-by-step prompts to keep you aligned with ACAS
• Secure document and evidence management
• Dedicated advisors who guide you through complex cases

If you want to reduce risk, streamline processes, and ensure every disciplinary decision stands up to scrutiny, we’re here to support you.

Ready to Protect Your Business From Unfair Dismissal Claims?

A fair disciplinary process isn’t just “nice to have”- it’s a legal requirement. And with the right structure, templates, and expert support, you can handle even the most sensitive cases confidently.

• Book a demo today to see how our software can save HR compliance.
• Or speak to one of our lawyers for guidance on a current disciplinary case.