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how to draft a disciplinary and grievance policy uk

How to Draft a Disciplinary Policy in the UK

If you're figuring out how to draft a disciplinary and grievance policy UK businesses are legally expected to have, you're in the right place. Under the Employment Rights Act 1996 and the ACAS Code of Practice on Disciplinary and Grievance Procedures, UK employers must provide employees with a written statement that includes disciplinary rules and grievance procedures. Getting this wrong — or not having one at all — can seriously undermine your position in an employment tribunal. This guide walks you through exactly what needs to go into a compliant disciplinary and grievance policy: the required stages, the right language, how to handle investigations, appeals, and grievances, and where founders typically make mistakes. Whether you have two employees or twenty, having a clear, written policy protects your business and gives your team a fair process to rely on. We'll also be straight with you about when this gets complex enough that you should speak to an employment solicitor.

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Why this matters

Most UK founders write a disciplinary policy once, copy it from somewhere online, and never look at it again. The problem is that a poorly drafted policy can actually work against you in a tribunal — if your process doesn't match what the policy says, or the policy omits required elements under the ACAS Code, you're exposed. Founders also confuse disciplinary procedures with grievance procedures, or leave out appeal rights entirely. When a real disciplinary situation arises — a performance issue, misconduct, or a grievance from a staff member — you need a document that holds up. This page helps you build one that does.

The Atornee approach

Atornee lets you generate a UK-compliant disciplinary and grievance policy in minutes, not days. Rather than paying a solicitor to draft something from scratch or gambling on a generic template, you answer a short set of questions about your business — headcount, sector, working arrangements — and Atornee produces a policy tailored to your situation. You can review it, edit it, and ask follow-up questions in plain English. It's not a substitute for employment law advice in complex cases, but for most small UK businesses, it gets you to a solid, legally grounded starting point without the usual cost or delay.

What you get

A disciplinary and grievance policy that follows the ACAS Code of Practice and meets Employment Rights Act 1996 requirements
Clear disciplinary stages — informal, formal, final warning, and dismissal — with the right language for each
A grievance procedure section that gives employees a fair process and protects you from tribunal claims
Appeal rights built in at every stage, so your policy is defensible if challenged
Plain-English explanations of each clause so you actually understand what you're signing off on

Before you sign checklist

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1. Check whether you already have a written disciplinary or grievance procedure — if not, you're likely in breach of the Employment Rights Act 1996
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2. Review the ACAS Code of Practice on Disciplinary and Grievance Procedures before drafting — tribunals use it as a benchmark
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3. List your disciplinary rules clearly: what counts as misconduct, what counts as gross misconduct, and what the consequences are
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4. Draft separate but linked sections for disciplinary procedures and grievance procedures — they serve different purposes
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5. Include the right to be accompanied at formal hearings under the Employment Relations Act 1999
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6. Build in a clear appeals process with a named route for employees to follow
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7. Once drafted, share the policy with all employees in writing and keep a record that they received it

FAQ

Is a disciplinary and grievance policy a legal requirement in the UK?

Yes, in practice. The Employment Rights Act 1996 requires employers to provide employees with a written statement of employment particulars that includes disciplinary rules and the grievance procedure. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the process employers are expected to follow. Tribunals can increase compensation awards by up to 25% if an employer unreasonably fails to follow the Code.

What must a UK disciplinary policy include?

At minimum: a list of disciplinary rules and what constitutes misconduct and gross misconduct, the stages of the disciplinary process (informal, formal, final warning, dismissal), the right to be accompanied at formal hearings, an investigation process, and a clear appeals procedure. The grievance section should cover how employees raise concerns, who they raise them with, and how appeals work.

Can I use a template disciplinary policy for my UK business?

A template is a reasonable starting point, but it needs to reflect your actual business — your sector, your size, your working arrangements. A generic template that doesn't match how you actually operate can create problems if a disciplinary situation ends up at tribunal. At minimum, review any template against the ACAS Code before using it.

Do I need a separate grievance policy or can it be combined?

They're often combined into one document, which is fine. What matters is that the grievance procedure is clearly distinct from the disciplinary procedure — they serve different purposes. Employees need to know how to raise a grievance independently of any disciplinary process that might be running at the same time.

When should I get an employment solicitor involved instead of using a tool like Atornee?

If you're dealing with a live disciplinary situation involving potential discrimination, whistleblowing, or a complex dismissal, get a solicitor involved. Atornee is well-suited for drafting and reviewing your policy before issues arise. Once you're in a formal dispute or facing a tribunal claim, specialist employment law advice is worth the cost.

How often should I update my disciplinary and grievance policy?

Review it at least once a year and whenever there's a significant change in employment law, your headcount, or your working arrangements. The ACAS Code is updated periodically — your policy should stay aligned with the current version. Also review it after any disciplinary or grievance case that exposed a gap in your process.

Related Atornee Guides

Cheap Contract Solicitor Alternative (UK)

Useful if you're reviewing multiple employment documents and want to understand your broader options for legal support without full solicitor fees.

Atornee Use Cases

See how UK founders and HR leads use Atornee across different employment and contract workflows.

Cheap Solicitor for NDA (UK)

Relevant if a disciplinary situation involves confidential information and you need an NDA alongside your policy.

External References

GOV.UK Business and Self-employed

Official UK government guidance on employer obligations, including employment law requirements for written policies.

UK Legislation

Primary source for the Employment Rights Act 1996 and Employment Relations Act 1999, which underpin disciplinary and grievance requirements.

Trust & Verification Policy

Authored By

A

Atornee Editorial Team

UK Employment Law Content Research

Reviewed By

C

Compliance Review Desk

UK Business Legal Content QA

Last reviewed on 3/4/2026

"This content is based on analysis of the ACAS Code of Practice on Disciplinary and Grievance Procedures, the Employment Rights Act 1996, and common patterns in UK employment tribunal cases involving procedural failures. It reflects practical drafting considerations for small and medium UK businesses."

References & Sources