Bottom of Form
Disciplinary Action Flowchart
Employment-Law-Compliant Guide to Stages of Disciplinary Procedure
Welcome to Employment Law Clinic’s disciplinary flowchart.
This tool is designed to assist employers in ensuring you properly understand all the steps necessary in dealing with a disciplinary process; if you follow all the steps this should help protect you from having to defend an unfair dismissal – or at least allow you to defend an unfair dismissal effectively, as the guidance complies with the current ACAS Code of Practice on Disciplinary & Grievance Procedures.
Even with guidance, making sure a disciplinary is fair & balanced can be difficult, and you are therefore advised to consider seekingexpert assistance before taking any action.
The flowchart provides live links with more details: click on any stage (the ovals) and you will be taken to commentary on that stage in the disciplinary process.
The weight of the lines between the stages signifies the importance of these: light broken arrows mean employers should be considering the action, although it will not often be appropriate; unbroken arrows imply the next stage is essential.
Determine Probable Level of Misconduct
Once the likely level of misconduct has been determined, the employer will be able to determine what action to take next.
The nature of the misconduct will be obvious in some occasions, but as the disciplinary policy will only include the type of conduct that could fall into each category, it will be necessary for an employer to make a reasonable judgement in many cases of suspected misconduct.
These will be determined according to the nature of the company, as some matters may be more important in some workplaces, and a failure to follow these requirements could be more of a disciplinary offence in these circumstances.
Typical examples of misconduct could include:
Minor (breaches of the rules or required standards, but not of an nature serious enough to warrant