Home > FAQ > Employment Law FAQ's > Do all businesses need a written disciplinary procedure?

Yes. If you employ people, a fair and reasonable disciplinary procedure is necessary to protect yourself in an Employment Tribunal and for employees to know which behaviours constitute misconduct in their workplace. 

If you believe you have grounds to discipline an employee (for example, due to poor performance or misconduct) you must demonstrably act reasonably and fairly when taking action. A written disciplinary procedure helps to make sure you do. Establishing fair and reasonable rules, and steps to deal with breaking them, in written format ensures both you and all employees know how issues of misconduct will be handled. 

It’s important for everyone to understand that disciplinary procedures aren’t there to penalise employees (although in some cases sanctions will be necessary). They are primarily to encourage employees to overcome performance and misconduct problems so that they can properly perform their job and peacefully cohabit the workplace again.

Back to previous content
What happens if one side rejects the agreement? Read More
What evidence is needed to dismiss people on the basis of performance? Read More
Can a Tribunal demand that the company reinstates the dismissed employee? Read More
Is there a time limit for employees to sue after dismissal? Read More
Is it true that employees now need to undergo conciliation with ACAS before starting a tribunal claim? Read More