A simple guide to 5 types of common disciplinary actions

Before any disciplinary action is taken, it's essential to follow a structured process that includes a thorough investigation and a fair disciplinary hearing. This guide aims to help you navigate disciplinary actions in the workplace, emphasising integral factors such as fairness. By delving into the process, types of disciplinary actions, and best practices, we'll equip you with the knowledge needed to handle disciplinary situations with professionalism and empathy.

During or after the disciplinary hearing, an employer should inform the employee undergoing the disciplinary process of their decision. The appropriate disciplinary action will depend on the findings from the employer’s investigation and the hearing. At a minimum, employers should follow the Acas Code of Practice requirements for a fair disciplinary procedure.

For more information about disciplinary procedures and the necessary steps that employers should take to ensure a fair process, check out this guide.

What are disciplinary actions?

Disciplinary actions are the measures that employers take to address employee misconduct or poor performance.

They are a key pillar of an organisation's disciplinary procedure and should be detailed in writing in the organisation’s disciplinary policy.

These actions are intended to maintain a productive and respectful work environment while also offering employees an opportunity to learn and improve their behaviour or performance.

Common types of disciplinary actions

No action

Sometimes, after a thorough investigation and disciplinary hearing, an employer may decide that no further action is necessary.

This is more of an outcome than an action per se. However, in this case, it is important to ensure that the employee is made aware that no further disciplinary measures will be taken and that there is nothing to worry about going forward.

Verbal warnings

Verbal warnings are usually the first port of call for disciplinary actions. They can either be informal one-to-one conversations between the employer or manager and the employee, where concerns are raised and expectations are reinforced. On the other hand, a verbal warning may be more formal and structured depending on the circumstances. In either case, it is good practice to document a verbal warning to ensure you have written proof.

The purpose of a verbal warning is to address the issue promptly, provide guidance on improvement, and give the employee an opportunity to rectify their behaviour or underperformance.

The length of time that a written warning lasts will depend on your company's disciplinary policy. Typically, a verbal warning may last between three to six months.

Written warnings

A written warning will typically be issued after an initial verbal warning has been given but the employee has failed to rectify their behaviour. Typically a first written warning will be issued to the employee, detailing the specific concerns, expected improvements, a timeframe for improvement and the potential consequences if the employee does not correct the issue.

Written warnings are usually kept on record for a specific time period. For more information about written warnings, read this checklist.

Final written warnings

If the employee does not resolve the issue, despite receiving a first written warning, then a final written warning can be issued. Please note, if the employee has committed an act of gross misconduct, then an employer can proceed straight to a final warning.

If you are looking for a written warning template that can be used for either initial warnings or final warnings, check out Docue's dynamic written warning letter template.

Demotion

Demotion involves reassigning an employee from their current position to a lower-level position within the company that carries less responsibility.

Demoting an employee is often an alternative to terminating an employee’s contract who has worked for the company for a significant period. However, please note that it is generally unlawful for an employer to demote an employee without their agreement if it would result in unilaterally changing the employee’s terms of employment.

Employers generally cannot change the terms of an employee’s employment contract unless both parties are in agreement. Otherwise, this could be considered a breach of the employment contract, which could result in the employee resigning and claiming constructive dismissal.

Some employers may include terms in employment contracts that grant the employer permission to demote the employee in certain circumstances, but employment tribunal judges interpret these clauses strictly. Therefore, you will need a valid reason for demoting the employee. Above all, you must ensure you follow a full and fair disciplinary process before taking this (or any other) action.

Dismissal

In cases of severe misconduct or continuous poor performance, terminating an employee's contract may be necessary if the employer has a valid reason to do so. Dismissal marks the end of the employment relationship. This action should be a last resort after all other appropriate channels have been exhausted.

The employer will usually give notice to the employee. However, an employer may decide that dismissal with immediate effect (known as a summary dismissal) is the best course of action for the right reasons.

The Employment Act 1996 governs various aspects of employment law, including dismissals. The government website also offers guidance for dismissing staff. Employers should review these resources to avoid unfairly or unlawfully dismissing an employee with more than two years of continuous service.

In most cases, employees with two or more years of service have the right to receive a written statement outlining the reasons for their dismissal upon request. If you have determined that dismissal is the appropriate disciplinary action after following a fair procedure, you can find our confirmation of dismissal letter template here.

Acas Code of Practice on disciplinary and grievance procedures

Please note, when it comes to disciplinary actions, in addition to following its own policies, employers must ensure that they meet the minimum requirements laid out by the Advisory, Conciliation and Arbitration Service (Acas) Code of Practice, which in summary requires the employer to:

• establish the facts of each case;

• inform the employee of the issue;

• invite the employee to, and hold a disciplinary meeting;

• permit the employee to be accompanied at the meeting;

• decide on the appropriate disciplinary action; and

• give the employee an opportunity to appeal the decision.

For more information about disciplinary procedures and the Acas Code of Practice, check out this comprehensive guide.