Complete guide to disciplinary and grievance procedures at work. Know your rights, prepare properly, and protect yourself. Free expert advice from National Employees Union.
A disciplinary hearing puts your livelihood at risk. A grievance left unresolved poisons the working day. Both situations demand one thing above all else: knowledge of the process and your rights within it. This guide sets out both — step by step, in plain language, with the legal framework behind every point.
Contents
- What are disciplinary and grievance procedures?
- The ACAS code of practice
- Disciplinary procedures: what to expect
- How to prepare for a disciplinary hearing
- Your right to be accompanied
- Possible outcomes of a disciplinary
- Grievance procedures: when and how to raise one
- How to write a grievance letter
- What happens after you raise a grievance
- Appeals
- When disciplinary and grievance overlap
- FAQs
- How National Employees Union can help
What are disciplinary and grievance procedures?
They are two sides of the same coin — formal workplace processes designed to resolve problems fairly.
- Disciplinary procedures are started by your employer when they have concerns about your conduct, performance, or absence. The aim is to investigate the issue, give you a chance to respond, and decide on an appropriate outcome.
- Grievance procedures are started by you when you have a complaint about your employer or working conditions. The complaint could concern bullying, harassment, pay disputes, or unsafe conditions. The procedure gives it formal weight.
Both processes are governed by the ACAS Code of Practice on Disciplinary and Grievance Procedures. The code sets the minimum standard every employer should follow.
Why this matters: if your employer fails to follow a fair process and you later take a claim to an Employment Tribunal, the tribunal can increase your compensation by up to 25%. If you fail to follow the correct process when raising a grievance, your compensation could be reduced by the same amount. The procedure protects both sides. Ignoring it punishes whichever side ignored it.
The ACAS code of practice
The ACAS Code of Practice is not legislation, but Employment Tribunals are legally required to take it into account. It rests on five core principles:
- Investigate thoroughly — employers must establish the facts before taking action
- Inform the employee — you must be told the full details of the allegation or concern, in writing, before any hearing
- Allow a hearing — you must have the opportunity to put your case before a decision is made
- Allow accompaniment — you have the right to be accompanied by a trade union representative or colleague
- Allow an appeal — you must be given the right to appeal any formal outcome
An employer who skips any of these steps undermines the process. The underlying concern may be legitimate. The procedure is still unfair.
Disciplinary procedures: what to expect
A fair disciplinary process follows these stages:
Most disciplinary cases open with an investigation, and what happens at an investigation meeting decides how much of the case is already built before you walk in.
Stage 1: investigation
Your employer should investigate the issue before deciding whether formal action is needed. This may involve collecting evidence (emails, CCTV, records), interviewing witnesses, and speaking to you informally.
An investigation meeting is not a disciplinary hearing. You do not have a statutory right to be accompanied at an investigation meeting, although some employers allow it. If the meeting begins to feel like a formal hearing, you can ask for it to be paused and rescheduled as a formal disciplinary.
Stage 2: written notification
If the investigation finds a case to answer, your employer must write to you with the specific allegations, the supporting evidence, the date, time and location of the hearing, your right to be accompanied, and enough time to prepare. Good practice is five working days. The minimum is 48 hours.
Stage 3: the disciplinary hearing
This is where you hear the case against you and respond. Your employer should explain the allegation, go through the evidence, give you the opportunity to respond to each point, allow your companion to speak, ask questions and confer with you privately, and adjourn before reaching a decision.
For step-by-step preparation advice, see our guide on how to prepare for a disciplinary hearing.
Stage 4: the decision
Your employer should confirm the outcome in writing, including the decision and reasons, any sanction, and your right to appeal.
Stage 5: appeal
If you disagree with the outcome, you have the right to appeal. The appeal should be heard by a more senior manager who was not involved in the original decision. See the appeals section below.
How to prepare for a disciplinary hearing
Preparation determines outcomes more than any other factor. Our full guide covers this in depth: Disciplinary hearing at work: your rights and how to prepare.
In summary:
- Request all evidence your employer holds — you are entitled to see everything they plan to rely on
- Prepare a written statement addressing each allegation point by point
- Gather your own evidence — emails, messages, witness statements, policies
- Arrange a companion — a trade union representative is the strongest option
- Know the possible outcomes so you can prepare for different scenarios
- Take notes during the hearing, or ask your companion to do so
Your right to be accompanied
Under Section 10 of the Employment Relations Act 1999, you have the statutory right to be accompanied at any formal disciplinary or grievance hearing by a trade union representative (even if the union is not recognised by your employer) or a fellow worker.
Your companion can put your case forward, sum up your position, ask questions on your behalf, and confer with you privately during the hearing. They cannot answer questions directly on your behalf, but they can and should participate actively.
Read our full guide: Your right to be accompanied at work meetings.
A trained union representative knows employment law, understands procedural fairness, and has experience challenging employers who cut corners. A colleague, no matter how supportive, rarely has that expertise. The companion you choose shapes the outcome.
Possible outcomes of a disciplinary
Depending on the severity and your employment history, outcomes may include:
| Outcome | What it means | Typical duration |
| No action | Allegation not upheld | N/A |
| Informal warning | Verbal advice, not on record | N/A |
| First written warning | Formal, placed on file | Usually 6–12 months |
| Final written warning | Last chance | Usually 12–24 months |
| Dismissal | Employment terminated | Immediate for gross misconduct |
| Demotion or transfer | Alternative to dismissal | Varies |
No employee should be dismissed for a first offence unless it constitutes gross misconduct — theft, violence, or a serious safety breach. An employer who jumps straight to dismissal without following the stages above risks a claim for unfair dismissal.
The most serious outcome is dismissal without notice, which turns on what counts as gross misconduct and what does not.
Grievance procedures: when and how to raise one
A grievance is your formal right to complain about a problem at work. Common reasons include bullying, harassment, or discrimination; unfair treatment; changes to your contract without your agreement; pay disputes or problems with sick pay; health and safety concerns; or breakdown in working relationships.
When to raise a grievance
Try informal resolution first. Speak to your manager or HR. Many issues can be resolved through a conversation. If that fails — or if the problem is too serious for an informal route — move to a formal grievance.
Do not wait too long. Raising issues early demonstrates you tried to resolve things through proper channels. If you later need to bring a tribunal claim, that record matters.
The formal process
- Put it in writing — send a grievance letter to your employer, usually to HR or your manager’s manager. See our grievance letter template and guide.
- Attend a grievance meeting — your employer must arrange a meeting to discuss your complaint. You have the right to be accompanied.
- Receive a written response — your employer should confirm the outcome in writing, with reasons.
- Appeal if needed — if you are not satisfied, you can appeal.
How to write a grievance letter
Your grievance letter is the foundation of your case. It needs to be clear, factual, and specific. We have created a full guide with a template you can adapt: How to write a grievance letter (with template).
The essentials:
- State clearly that this is a formal grievance
- Describe the problem with dates, times, and specific incidents
- Name the people involved
- Explain the impact on you and your work
- Say what outcome you want
- Keep the tone professional — factual, not emotional
What happens after you raise a grievance
Your employer should acknowledge your grievance in writing within a few days, arrange a meeting within one to two weeks, investigate the issues you have raised, provide a written outcome with reasons, and offer a right of appeal.
Your employer must not treat you unfairly for raising a grievance. If you experience retaliation — being sidelined, denied opportunities, or subjected to a retaliatory disciplinary — that could amount to victimisation. Victimisation is unlawful.
Appeals
Whether it is a disciplinary decision or a grievance outcome, you have the right to appeal.
How to appeal:
- Write to your employer within the time limit stated in their decision letter (usually five to ten working days)
- State your grounds clearly — the procedure was flawed, the evidence did not support the decision, the sanction was out of proportion, or new evidence has come to light
- The appeal should be heard by someone not involved in the original decision
- You have the right to be accompanied at the appeal hearing
An appeal is not a formality. It is a genuine opportunity to overturn or reduce a decision. Prepare for it as thoroughly as you would for the original hearing.
An appeal is a second chance rather than a formality, and how to appeal a disciplinary decision explains the grounds that work.
When disciplinary and grievance overlap
It is common for an employee to raise a grievance during a disciplinary process — for example, if you believe the disciplinary is motivated by discrimination, or if the investigation was conducted unfairly.
Your employer should not ignore the grievance because a disciplinary is ongoing. In some cases, the disciplinary may need to be paused while the grievance is dealt with. In other cases, both can run in parallel if the issues are distinct.
An employer who refuses to acknowledge your grievance or pressures you to drop it is making a serious procedural error.
Where the real problem is a relationship rather than a rule, mediation can settle it faster than either procedure.
If you are unsure what a union representative would do in either procedure, our guide explains what a trade union does.
FAQs
Can I be dismissed at a first disciplinary hearing?
Only for gross misconduct. Gross misconduct covers actions so serious that they break the trust between employer and employee — theft, violence, fraud, or serious safety breaches. For anything less, the employer should start with a warning. Even in gross misconduct cases, the employer must still investigate, hold a hearing, and give you the right to respond and appeal. Skipping those steps makes the dismissal unfair.
What if my employer does not follow the ACAS code?
The tribunal can increase your compensation by up to 25% if your employer unreasonably failed to follow the ACAS Code of Practice. A clear failure — not holding a hearing, not sharing evidence, or denying your right to be accompanied — strengthens your position significantly.
Can I record a disciplinary or grievance meeting?
No law prevents you from recording. But covert recording can damage trust and may be used against you in later proceedings. The better approach is to ask permission. If refused, ask for written minutes and take your own notes — or have your companion take them.
Can I raise a grievance after I have left the company?
Yes, but it is more difficult. The ACAS Code of Practice applies primarily to current employees, and most employers will not investigate a grievance from a former employee. If you have already left, your main route is an Employment Tribunal claim (if applicable). Raise grievances while still employed — it gives you more options and creates a documented record.
How long does a disciplinary stay on my record?
A first written warning typically stays on file for six to twelve months. A final written warning usually lasts twelve to twenty-four months. After the expiry period, the warning should be disregarded for future disciplinary purposes. Check your employer’s disciplinary policy for the timeframes that apply to you.
How National Employees Union can help
Most employees do not know their rights. Many employers — even well-meaning ones — do not follow the correct procedures. That gap is where outcomes are decided.
National Employees Union members get:
- A trained representative at disciplinary and grievance hearings — someone who knows employment law and will advocate for you
- Expert advice before, during, and after the process
- Help preparing your case — including reviewing evidence, drafting statements, and identifying procedural failures
- Access to our Rights and Insights guides covering common workplace problems
- Support with Employment Tribunal claims if things go further
Already in a disciplinary? Thinking about raising a grievance? Advice and representation on your own case start three months after you join. If you need help sooner, a £237 surcharge applies.
Join the National Employees Union
Membership from £15/month.
This guide is written by the National Employees Union team, drawing on years of experience representing employees in disciplinary and grievance proceedings across the UK. It is reviewed regularly and was last updated in July 2026. For advice specific to your situation, contact us.
