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Your employer could start formal disciplinary action against you if they have concerns about your work, conduct or absence.

Before taking formal disciplinary action or dismissing you, your employer may try to raise the matter informally with you. However, they can go straight to their formal disciplinary or dismissal procedures.

Disciplinary procedures are a set way for an employer to deal with disciplinary issues. They should include a disciplinary hearing where you鈥檙e given a chance to explain your side of the story.

There should also be a chance to appeal any disciplinary action your employer decides to take.

Your employer should put their disciplinary procedure in writing, and make it easily available to all staff.

It should say what performance and behaviour might lead to disciplinary action and what action your employer might take.

It should also include the name of someone you can speak to if you do not agree with your employer鈥檚 disciplinary decision.

Disciplinary steps

Your employer鈥檚 disciplinary procedure should include the following steps:

1. A letter setting out the issue.

2. A meeting to discuss the issue.

3. A disciplinary decision.

4. A chance to appeal this decision.

Acas (Advisory, Conciliation and Arbitration Service) Code of Practice

Your employer鈥檚 disciplinary procedures should follow the .

There鈥檚 more guidance about how employers should run disciplinaries in the .

Disciplinary procedures and employment contracts

Your employer can also put their disciplinary procedures in your employment contract.

Northern Ireland

Northern Ireland has different ways of .

Your employer should not take any disciplinary action before meeting with you first and discussing the problem.

This disciplinary meeting (normally called a 鈥榟earing鈥�) should be at a reasonable time and place.

At the hearing your employer should:

• explain the complaint against you
• go through the evidence
• give you a chance to tell your side of the story

If you raise a significant new fact or issue at the hearing your employer might stop it and look into the issue. They should then rearrange the hearing at a later date.

Taking someone with you to a disciplinary hearing

Your companion can be either:

• a colleague
• a trade union representative
• a trade union official

If a colleague cannot go with you and you鈥檙e not in the union you can ask to bring a family member or a Citizens Advice worker. However, your employer does not have to agree to this unless your employment contract says they must.

The companion can:

• present and/or sum up your case and say things to support your case
• speak to you during the hearing

Your companion cannot be disciplined for supporting you.

Disciplinary action

After the hearing your employer should write to you as soon as possible, saying what action they鈥檙e going to take, and telling you about your right to appeal.

The decision might be:

• no action
• written warning
• final warning
• demotion
• dismissal

It might also be anything else that could resolve the problem, for example an agreement to mediate with a co-worker you鈥檝e had personal problems with.

If you think disciplinary action taken against you is unfair you can appeal.

Write to your employer saying you鈥檙e appealing and why.

Appeal hearings

You should be offered another meeting to discuss your appeal. This appeal hearing should be held as soon as possible.

If possible it should be dealt with by someone who has not already been involved with your disciplinary action.

An appeal hearing will be similar to your original disciplinary meeting and you鈥檒l have the right to bring a companion.

Final decision

After the appeal meeting your employer should write to you with their final decision.

When a disciplinary issue is being looked into you might be suspended from work. This does not happen very often. If it does it should normally be with pay and you should be told why you鈥檙e being suspended.

Employment contracts

You can be suspended without pay if your employment contract says your employer can do this, but they must be acting reasonably.

If your employment contract does not say your employer can do this, your employer may still be able to suspend you, but with pay. To show that it鈥檚 not a punishment the suspension will normally be on full pay.

Employment rights when suspended

You keep your employment rights while suspended. If you do not get the right pay you may be able to make a claim to an employment tribunal for 鈥榰nlawful deduction from wages鈥�.

Talking to other employees, customers and/or suppliers

If you鈥檙e suspended, you might be told not to talk to other employees, customers and/or suppliers. If this means you cannot defend yourself properly at a disciplinary hearing, you could make an appeal.

But if you鈥檝e been asked not to talk and you do, your employer might decide to take further disciplinary action against you.

There are several organisations that could give you advice about disciplinary issues.

Acas

Acas (the Advisory, Conciliation and Arbitration Service) offers free, confidential and impartial advice about all employment rights issues.

Citizens Advice

Your can also give free and impartial advice.

Trade unions

If you鈥檙e a member of a trade union you can get help and advice from them.

Equality Advisory Support Service

Contact the Equality Advisory Support Service for advice about discrimination, equality and human rights.

You can also find more information on the website.