Managing Disciplinary Matters and Dismissal
This collection of documents helps employers and HR teams deal with disciplinary matters, capability, suspension, dismissal, and appeal issues using practical employment templates and guidance.
It brings together the documents most often needed when workplace problems arise, helping users move from the initial issue through investigation, formal action, outcome, and appeal with greater consistency.
A separate portfolio of grievance templates are also available at Employee Grievance Management.
Employment Templates for Disciplinary, Misconduct and Appeal Processes
The content is organised around the employee relations issues employers most commonly need to manage.
That includes misconduct and gross misconduct, suspension and precautionary action, poor performance, qualification or licence concerns, and appeals against disciplinary action or dismissal.
Find the Right Documents Faster
The collection is organised to help you identify the relevant documents by issue and by process stage.
So whether you are dealing with a grievance, investigating misconduct, considering suspension, handling poor performance, or managing an appeal, you can move more quickly to the documents most likely to be relevant.
Built Around Real HR Decision Points
This collection is designed to reflect how these issues arise in practice. You may be starting with a new grievance, investigating suspected misconduct, deciding whether suspension is appropriate, moving to a formal hearing, or dealing with an appeal after a warning or dismissal.
The structure helps users identify the next likely document in the process without wading through material that does not apply.
Supporting Fair and Defensible Workplace Procedures
Disciplinary matters should be handled carefully to reduce the risk of inconsistent treatment and allegations of unlawful discrimination, constructive dismissal, or procedurally unfair dismissal.
Used together, these documents help employers improve process consistency, communication, and record-keeping across workplace investigations, hearings, decisions, and appeals.
Managing Disciplinary Matters and Dismissal is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.
Frequently Asked Questions
Which documents do I need when starting a disciplinary process from scratch? +
Begin by identifying the issue, then go to the relevant sub-folder, since your starting point depends on the problem type: misconduct investigations and early steps, formal hearings and warnings, gross misconduct action, suspension, poor performance, qualification concerns and appeals. A written disciplinary policy setting out the process is the foundation; without one, inconsistent handling increases the risk of a successful unfair dismissal or discrimination claim.
Does an employee have the right to bring someone to a disciplinary hearing? +
Yes, provided the worker makes a reasonable request to be accompanied. Under section 10 of the Employment Relations Act 1999, an employee or worker who is required or invited to a formal disciplinary hearing and makes a reasonable request has a statutory right to be accompanied at that hearing by a colleague or a trade union representative or official. The companion may address the hearing and confer with the employee but cannot answer questions on their behalf. There is no equivalent statutory right to accompaniment at a disciplinary investigation meeting, though employers may allow it as good practice. Refusing a valid request for accompaniment is unlawful and can result in a tribunal claim.
Can I dismiss an employee on the spot for gross misconduct? +
Usually yes, but only if you follow a fair procedure first. With gross misconduct you can dismiss the employee immediately, without notice (summary dismissal), but even for serious alleged misconduct you must still investigate, hold a formal disciplinary hearing, give the employee the opportunity to respond and offer a right of appeal before deciding. If those steps are followed and dismissal is decided, you may dismiss without notice (summary dismissal). Skipping the process risks a finding of unfair dismissal at tribunal regardless of how serious the conduct was. Only in rare, exceptional cases can the circumstances make a full investigation unnecessary. The Acas Code of Practice sets the minimum procedural standard, and tribunals can increase compensation by up to 25 per cent where an employer unreasonably fails to follow it.
When is suspending an employee appropriate, and does it need to be on full pay? +
Suspend only as a precautionary step to allow an investigation to proceed where continued attendance poses a risk, for example to evidence, to other people or to the business. It is not a disciplinary sanction and should not be presented as one. Suspension should normally be on full pay unless the contract expressly provides otherwise, should be as brief as possible and should be kept under active review. Suspending without proper justification, or allowing it to drag on, can give rise to claims of breach of contract or constructive dismissal.
What process should I follow when an employee is not performing well enough? +
Poor performance requires a different process from misconduct. Identify the shortfall clearly, meet the employee to discuss it, set measurable targets with a realistic improvement period and provide any necessary support or training. If performance does not improve, formal capability warnings can follow, leading to dismissal as a last resort. The Acas Code applies, so you must investigate, hold hearings and allow the right to be accompanied and to appeal. The Simply-Docs Poor Performance and Capability sub-folder contains letters and templates for each stage.
How long does an employee need to have worked before they can claim unfair dismissal, and is this changing? +
An employee currently needs two years of continuous service to bring an ordinary unfair dismissal claim. From 1 January 2027, under the Employment Rights Act 2025, this qualifying period reduces to six months. Some reasons carry no qualifying period at all: dismissals connected to protected characteristics, whistleblowing, trade union activity and several other protected grounds are automatically unfair from day one. Procedural rigour matters regardless of service length, because procedural failings can increase tribunal awards and discrimination or automatically unfair claims are unrestricted by length of service.
Does an employee have the right to appeal a disciplinary outcome or dismissal? +
Yes. The Acas Code of Practice requires employers to offer the right of appeal against any formal disciplinary outcome, including dismissal. The appeal should ideally be heard by a manager not previously involved in the case, and the employee retains the right to be accompanied. Failing to offer an appeal is treated as a breach of the Acas Code and can increase any tribunal award by up to 25 per cent. The Simply-Docs Disciplinary and Dismissal Appeals sub-folder contains appeal notice templates and supporting guidance.
