Disciplinary: What Are My Rights? UK Employee Rights Guide
Facing a disciplinary at work? This guide sets out your rights during a disciplinary process — from written notice and the right to be accompanied, to access to evidence and the right to appeal — under the ACAS Code and the Employment Rights Act 1996.
Last updated: July 2026. This guide provides general information, not legal advice.
Your rights during a disciplinary
If your employer has started a disciplinary process against you, you have important rights — regardless of how long you have worked there. These rights come from the ACAS Code of Practice and the Employment Rights Act 1996. This guide focuses on the employee\'s side: what you are entitled to, and how to protect your position.
Written notice of allegations
You must be told in writing what the allegations are before any hearing, with enough detail to prepare.
Right to be accompanied
You can bring a colleague or trade union representative to any formal hearing.
Access to evidence
You should see all the evidence the employer plans to rely on before the hearing.
Reasonable time to prepare
You must be given adequate notice of the hearing to prepare and arrange representation.
Right to appeal
You can appeal the decision; the appeal should be heard by someone not involved originally.
Written reasons
The employer must give you the decision and reasons in writing.
Your right to be accompanied
Section 10 of the Employment Rights Act 1996 gives you a statutory right to be accompanied at any formal disciplinary or grievance hearing that could result in a formal warning, dismissal, or other sanction. You can choose:
- A work colleague
- A trade union representative
- An official employed by a trade union
Your companion can confer with you and put your case, but cannot answer questions on your behalf. If your chosen companion cannot attend on the proposed date, you have the right to ask for a reasonable postponement (up to 5 working days).
Rights and the 2-year qualifying period
You have the right to a fair process whatever your length of service. However, whether you can bring an ordinary unfair dismissal claim depends on how long you have been employed:
2+ years' service
You can claim ordinary unfair dismissal if the process or outcome was unfair. The employer must show a fair reason and a fair procedure.
Under 2 years' service
You usually cannot claim ordinary unfair dismissal — but you still have the right to a fair process, and day-one protections (below) may apply.
Day-one protections
Discrimination (Equality Act 2010), whistleblowing detriment, and automatic unfair dismissal reasons (pregnancy, health and safety, asserting a statutory right) have no qualifying period. If your disciplinary involves any of these, you can claim from day one.
Your right to appeal
You have the right to appeal any disciplinary decision. The appeal should be heard by a more senior manager who was not involved in the original decision. The appeal can consider the fairness of the process, the severity of the sanction, and any new evidence.
Appealing is important. If you do not appeal, a tribunal may reduce any compensation for failing to follow the ACAS Code, and the employer can argue you did not mitigate your loss.
What to do if you are facing a disciplinary
- 1Read your employer's disciplinary policy carefully.
- 2Request all evidence and witness statements in writing before the hearing.
- 3Arrange for a companion (colleague or trade union rep) to attend with you.
- 4Prepare a written response to each allegation with your version of events.
- 5Take detailed notes during the hearing, or ask your companion to do so.
- 6Keep copies of all correspondence, letters and meeting notes.
- 7If you disagree with the outcome, appeal in writing within your employer's timeframe.
- 8Get advice early from ACAS, Citizens Advice, or a qualified employment solicitor.
Tip: Use EmploymentCase to log disciplinary issues, store evidence and build a timeline. An organised record strengthens your position if you later need to make a tribunal claim.