Disciplinary Process

15 results
Employee-favourable 2025

Being called “a bully” by staff is not proof that you bullied them, your employer still has to find out what they mean.

An accusation of "bullying" has to be backed by specific examples your employer actually investigates, not just a label staff have used.

Can you challenge who decided your case?

Something about who's deciding your case doesn't feel right. You're allowed to question that. This guide explains what counts as a genuine conflict of interest or a decision made too early, and how to raise it, whether you're mid-process or appealing afterwards.

Employee-favourable 2025

If a disability explains what you did, your employer cannot skip straight to discipline.

If a disability plays a part in something you are accused of at work, your employer must actually consider that connection before disciplining you. It must also look at less punishing options first.

Employee-favourable 2026

Your employer can’t skip a fair process just because they’re sure you did it

A dismissal can still be unfair even when your employer is genuinely convinced you did something wrong.

Employee-favourable 2026

A secret friendship on your disciplinary panel can make your dismissal unfair.

An undisclosed personal connection between the person deciding your outcome and a witness or complainant can make the process unfair on its own, whatever the underlying allegation was.

What happens at a disciplinary hearing

Being invited to a disciplinary hearing is frightening. This walks you through exactly what happens, who is in the room, and what you can expect at each stage.

Employee-favourable 2026

If they sideline you first, a misconduct dismissal that follows may not be genuine

What matters here isn't the label your employer puts on your dismissal. It's whether they investigated properly and gave you a real chance to respond first. Skip that, and the dismissal is very likely unfair, whatever they called it.

Employee-favourable 2026

Ignoring your appeal against dismissal can make it unfair, even with good reason.

If your employer never properly deals with your appeal against dismissal, that can make the dismissal unfair, even where the underlying reason for it was genuine.

Employer-favourable 2018

If you think your suspension was wrong, say so in writing straight away. Silence can be used against you later.

If you believe your suspension is unjustified, put that in writing immediately. Saying nothing at the time can be taken as acceptance that the suspension was reasonable, and that will make it harder to challenge later.

Employer-favourable 1983

A tribunal tests whether a reasonable employer could have made your employer’s decision.

In an unfair dismissal claim, the test is not what the tribunal would have decided but whether your employer’s decision was one a reasonable employer could have made. Process failures are often where employers fall outside the range.

The complete guide to facing a disciplinary at work

Facing a disciplinary is frightening. This guide takes you through the whole process, from the first letter to an appeal, and tells you what your employer is required to do at every stage.

Employee-favourable 1990

Not knowing what you are accused of makes a disciplinary process unfair.

Before a disciplinary hearing, you were entitled to know what you were accused of, to see the evidence being used against you, and to have a genuine opportunity to respond. If those things did not happen, the process was not fair.