HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Fair disciplinary procedures
An informal conduct meeting can be useful where the issue is relatively minor and may be resolved through discussion, clarification, coaching or an agreed improvement. However, employers should distinguish an informal management conversation from a formal disciplinary process and follow their disciplinary procedure where formal action is appropriate. Acas provides guidance on disciplinary procedures and handling misconduct at work. https://www.acas.org.uk/disciplinary-and-grievances-at-work
Right to be heard
Although an informal concern meeting is not necessarily a formal disciplinary hearing, the employee should be given a reasonable opportunity to explain their perspective. If the matter progresses to formal disciplinary action, the employee should be told the allegations and given an opportunity to respond before a decision is made.
Acas Code of Practice
The Acas Code of Practice on disciplinary and grievance procedures provides a framework for handling formal disciplinary matters fairly and reasonably. It emphasises investigating the issues, informing the employee of the basis of the problem and giving the employee an opportunity to put their case before a decision is reached. https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
Investigation and fact-finding
Where the concern is disputed, potentially serious or could result in disciplinary action, the employer should consider whether further investigation is required rather than treating the initial allegation as established fact. The extent of the investigation should be proportionate to the circumstances.
Consistency and reasonable management
Employers should deal with similar conduct concerns consistently while recognising that each situation needs to be considered on its own facts. Previous warnings, workplace context, the seriousness of the behaviour and any relevant mitigating circumstances may all be relevant when deciding how to respond.
Discrimination and reasonable adjustments
Managers should consider whether a disability or other relevant circumstance may affect how the employee communicates, behaves or participates in the meeting. Where the Equality Act 2010 applies, reasonable adjustments may be required to avoid substantial disadvantage. https://www.legislation.gov.uk/ukpga/2010/15/section/20
Confidentiality and records
Notes from the meeting should be factual, relevant and limited to information necessary for managing the conduct concern. Employee information should be handled appropriately and in accordance with UK data protection requirements. https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment/