Key takeaways
- The ACAS Code of Practice is admissible in tribunals, failure to follow it can increase any award by 25%.
- Employees have a statutory right to be accompanied by a colleague or trade union representative.
- The investigating manager and the hearing manager should be different people where possible.
- Evidence packs must be shared in advance, typically 48–72 hours before the hearing.
- Always offer a written right of appeal.
Tribunals rarely overturn disciplinary dismissals because the facts were wrong. They overturn them because the process was wrong.
The 11-point checklist 1. Is the allegation written down clearly? 2. Was a fair investigation carried out? 3. Was the employee invited in writing, with at least 48 hours' notice? 4. Was the evidence pack shared in advance? 5. Was the right to be accompanied explained in writing? 6. Is the hearing manager separate from the investigator? 7. Is a note-taker booked? 8. Does the hearing manager have authority to issue the sanction being considered? 9. Has potential for adjournment been built into the schedule? 10. Has the appeal route been planned in advance? 11. Are reasonable adjustments in place for any disability?
If any answer is "no", pause and fix it before proceeding.
This content is for general information only and does not constitute legal advice. For advice on your specific situation, please contact one of our HR experts.
