A template workplace disciplinary policy for handling misconduct and performance issues fairly, consistent with the ACAS Code of Practice on Disciplinary and Grievance Procedures, for use in England & Wales.
How to use this template - Replace every
[SQUARE-BRACKET]field before use. - Following the ACAS Code matters: an employment tribunal can adjust compensation by up to 25% where an employer (or employee) unreasonably fails to follow it. - Keep this policy consistent with contracts and your grievance and capability policies. It is not part of the contract of employment and may be amended. - Have a solicitor or HR adviser review before use.
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[COMPANY NAME] Disciplinary Policy
1. Purpose and scope. This policy explains how [COMPANY NAME] deals with misconduct and, where relevant, poor performance. It applies to all [employees]. It is intended to be fair, consistent and in line with the ACAS Code of Practice.
2. Principles. We will: deal with issues promptly and consistently; carry out any necessary investigation to establish the facts; inform the employee of the allegations and give them a chance to respond before any decision; allow the employee to be accompanied at formal meetings; and allow an appeal.
3. Informal action. Minor issues will usually be dealt with informally through discussion and support before any formal procedure.
4. Investigation. Where appropriate, we will investigate fairly before deciding whether there is a disciplinary case to answer. Investigation and decision-making will, where possible, be handled by different people.
5. Disciplinary hearing. If there is a case to answer, the employee will be invited in writing to a hearing, told the allegations and given the evidence in advance, and given the right to be accompanied by a colleague or trade union representative.
6. Possible outcomes. Depending on the seriousness, outcomes may include: no action; first written warning; final written warning; or dismissal (with notice). Warnings will state how long they remain live.
7. Gross misconduct. Serious misconduct (such as theft, violence, serious dishonesty or a serious safety breach) may, after a fair procedure, result in summary dismissal (dismissal without notice). Examples are illustrative, not exhaustive.
8. Appeal. The employee may appeal in writing within [NUMBER] working days. The appeal will, where possible, be heard by someone not previously involved, and the decision confirmed in writing.
9. Records. We keep records of disciplinary matters, handled confidentially and in line with data protection law.
10. Review. This policy is reviewed every [NUMBER] months and may be amended. It does not form part of any contract of employment.
--- This template is a starting point and not legal advice. Have a qualified solicitor or HR adviser review and adapt it before use. Governing law: England & Wales.