Understanding Disciplinary Procedures: Protecting Your Rights from the Start

At UDO we give you step-by-step, practical guidance on how to handle internal disciplinary procedures.

A disciplinary procedure at work is without doubt stressful — but understanding the process can protect your rights. From my experience, most employees overlook the early signs of a potentially unfair “exit agenda,” often due to a naïve belief that employers always act fairly and follow procedure. The ACAS Code of Practice talks about fairness, transparency, clear written rules, reasonableness, promptness, consistency, proper investigation, being told the case against you, having a real chance to respond, the right to be accompanied, and the right to appeal. These terms sound simple but can be confusing in practice. This UDO series explains them step by step, showing you how to test whether they were actually followed — not just quoted. Written by William Slivinsky, experienced paralegal preparing, reviewing and representing cases at Employment Tribunal.

Many people don’t imagine that a trivial allegation

could lead to dismissal. Only when dismissal actually happens do they look back, analyse the process, and try to defend themselves. By then, the line of defence has already been weakened at the first stages — the investigation, suspension, hearing, and outcome. That is too common to ignore !

The key lesson: treat every disciplinary seriously, no matter how small the allegation appears. From my experience, the bigger the establishment, the bigger the room for non-compliance. In large organisations, processes are often applied inconsistently, and trivial allegations can snowball into the hardest cases to defend — simply because employees dismiss them as unimportant at the start.

Another common mistake is relying on your dedication and good service record. Many employees believe their loyalty and hard work will protect them. Unfortunately, this is not the case. A disciplinary procedure is not about compassion or gratitude — it is about rules, policies, and provisions. If you rely on past effort instead of engaging fully with the process, you weaken your defence from the very beginning.

Instead - following internal policies is essential. From the earliest stages — beginning with the investigation meeting and any suspension — you should have access to the written disciplinary procedure and all relevant policies.

For example - if you are accused of breaching health and safety rules, you must be given a copy of the health and safety policy so you can respond properly.

Absolute attention must be paid to the allegations.

Whatever they are, take your own notes. Make sure the minutes are accurate and reflect your line of defence. By ACAS standards (and in most workplace procedures), the purpose of the disciplinary process should be welfare and fairness — treating employees with dignity and respect. Remember, this is a stressful time and it can take a toll on your mental health.

Don’t be afraid to involve your GP or seek support. Protecting your health is part of protecting your case. This post is part of our extensive UDO guide to disciplinary and dismissal procedures. At the bottom of this page, you’ll find an index linking to all the steps we cover — from investigation to appeal — so you can navigate the process with confidence.