Top 5 Mistakes Employers Make During the Disciplinary Process - & How To Avoid Them

Handling disciplinaries can be tricky for any business – especially those who may not

have to go through the process very often. But when issues do arise, ensuring the

process is handled correctly can help maintain workplace standards and protect your business from being open to any claims of an unfair process.

Effective handing of disciplinary conversations can prevent legal and reputational risks for employer.

The Most Common Mistakes

Unfortunately many employers can often fall into common traps, here are the top 5

mistakes businesses often make during the disciplinary process and how to avoid

them:

1. Skipping the investigation stage – always gather sufficient evidence and

speak to all parties involved before looking to proceed to disciplinary. This

evidence gathered should also be made available to the employee prior to

any disciplinary hearing.

2. Using biased decision-makers – the investigating manager should not be

the one to hold the disciplinary where possible, an impartial chair should be

used. In small businesses this may not always be possible, as long as there is

strong justification for why this is okay.

3. Failing to follow your own disciplinary process – employment tribunals will

look at whether you have stuck to your own company policies as well as the

ACAS Code of Practice. Disciplining employees should familiarise themselves

with any relevant policies throughout the process.

4. Not giving employees enough notice and information – employees have

the right to be given time to prepare for the disciplinary hearing. Best practice

is to give employees 3-5 days’ notice, depending on the complexity of the

case, and this should be given via written notice. The allegations should also

be clearly stated in the invite so the employee can adequately prepare their

defence.

5. Inconsistent treatment and outcomes – employment tribunals will look at

how businesses have handled similar cases in the past to see if there is a

consistent approach. Ensuring that similar cases have similar outcomes can

prevent claims of unfair treatment.

Disciplinary processes don’t have to be intimidating, but they do require careful handling. By avoiding common mistakes and ensuring each step is fair, consistent, and well-documented, you can protect both your employees and your business. Taking the time to review your internal procedures and train managers appropriately is an investment that pays off in reduced risk and a healthier workplace culture.

To help you get started, Nicholl HR offers a Disciplinary Policy Template that you can tailor to fit your business needs. Whether you’re putting your first policy in place or updating an existing one, this resource will help you stay compliant with best practice and employment law.

Disciplinary Policy For Small Businesses.docx

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Additional Support

If you’d like additional support during a difficult disciplinary process or need help

reviewing your disciplinary policies, we’re here to help!

Nicholl HR also specialises in supporting small businesses with practical, tailored advice. Whether you need to update your disciplinary policy, review your payroll procedures, or run a focused training session for your managers, we’re here to help make the process straightforward and stress-free.