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Disciplinary & ConductAnswered by Detailed Dan
How do I run a disciplinary when we have no HR department?
A worked example case · Last reviewed 4 July 2026
The situation
You run a 12-person company. A warehouse employee has been repeatedly rude to customers and you need to deal with it formally — but there is no HR team, no template letters, and you have never run a disciplinary before.
The answer Just Ask, HR gives
Detailed Dan — Structured and thorough — every step in order.
You don't need an HR department — you need to follow the ACAS Code of Practice. Tribunals judge small employers against the same fairness principles, applied proportionately to your size. Here is the full sequence:
- Investigate first. Gather facts before any hearing: statements from witnesses, records, the customer complaints. In a small business the investigator and the hearing manager should ideally be different people — if that's impossible, keep the roles clearly separated in writing.
- Write the invitation letter. It must state: the specific allegations (dates, incidents), the evidence attached, that the meeting is a disciplinary hearing, the possible outcome (e.g. written warning or dismissal if gross misconduct), and their right to be accompanied by a colleague or trade union representative. Give at least 2–3 working days' notice.
- Hold the hearing. Put the allegations, show the evidence, and let them respond fully. Take notes — a second person as note-taker transforms the quality of your record. Adjourn before deciding; never announce the outcome in the meeting.
- Decide proportionately. First offence of rudeness is usually a first written warning, not dismissal. Check what you've done in similar past cases — consistency is half of fairness.
- Confirm in writing with the reason, the warning's duration (typically 6–12 months), what improvement is required, and the right of appeal.
- Hear any appeal — by someone not previously involved if at all possible; if you're the owner and did the hearing, a director or external HR consultant can hear it.
An unfair procedure can make an otherwise justified dismissal unfair, and a tribunal can uplift compensation by up to 25% for ignoring the ACAS Code. The process is the protection.
Key points
- Follow the ACAS Code — tribunals apply it to small employers proportionately
- Separate investigation from hearing wherever possible
- Invitation letter must state allegations, evidence, possible outcome and the right to be accompanied
- Adjourn before deciding; confirm in writing with a right of appeal
- Ignoring the Code risks a compensation uplift of up to 25%
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Example scenario for illustration. These cases are realistic but fictional — no real employee
or employer is described. Guidance reflects UK employment law and ACAS practice as at the review date and is
general information, not legal advice; statutory rates and rules change, so check
gov.uk for current figures.
For a live dispute or tribunal matter, speak to a solicitor.
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