Website of the UK government

Step 1: initial letter

At present, the first step in the statutory minimum procedure is a written statement by your employer setting out the reason (for example, your conduct) that has led them to consider disciplinary action. It should also contain an invitation to a meeting to discuss the matter. It may also explain the reasons your employer thinks they have for disciplining you.

From 6 April 2009, your employer will no longer be required to follow the statutory disciplinary procedures. If you are involved in disiplinary procedures, or think you may become involved with them, you should find out if these changes will apply to you.

• Grievance, disciplinary and Employment Tribunal procedures from 6 April 2009

Processes in Northern Ireland

If you live in Northern Ireland the dispute resolution changes won’t apply. To find out more about the dispute resolution procedures in Northern Ireland visit the Department for Employment and Learning website.

• Department for Employment and Learning (Northern Ireland)

Suspension from work

Your employer may be able to suspend you while the issue is being looked into. You should be told why you are being suspended. If your employment contract allows your employer to suspend you without pay, they can do so, providing they are acting reasonably. If your employment contract does not state that your employer can do this, your employer may be able to suspend you with pay. To make it clear that this isn't a punishment, the suspension will be on full pay in most cases. You keep your employment rights and if you don't get the right pay you can claim the money as an 'unlawful deduction from wages'.

• Non-payment, deductions and payslips

You may be told not to talk to other employees, customers and/or suppliers. If this stops you defending yourself, it may be grounds for appeal. It is up to you whether you comply with this but you should remember that your employer may take further disciplinary action if you don't.

Investigating any complaints

Your employer will need to investigate if there's a complaint against you, and may ask you for a statement. The investigation should be unbiased, fair and reasonable - it should seek to establish the facts and not just collect evidence against you.

You should generally be given copies of any information that comes out of the investigation. In all cases, you should be informed of the nature of the case against you.

If you decide you wish to resign from your employment, your employer can still choose to carry on with the disciplinary investigation if they wish.

• Resigning from a job

Where to get help

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

• Acas Opens new window

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland.

• Labour Relations Agency Opens new window

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau Opens new window

If you are a member of a trade union, you can get help, support and advice from them.

• More about trade unions

More useful links

• Advice for employers about handling discipline and grievance issues from Business Link Opens new window