A disciplinary is a formal workplace procedure used to address negative or unprofessional behaviour from an employee. Depending on the seriousness of the misconduct, this may involve anything from delivering a verbal warning to terminating the employee.
Because disciplinary action directly impacts both the employer and the employee, it’s important to ensure the process is carried out fairly, legally, and consistently. In this blog, we’ll cover why disciplinaries are important, the disciplinary procedure in the UK, what counts as misconduct, and answer the key question: how long does a disciplinary stay on your record?
Why Are Disciplinaries Important?
Disciplinary action plays a vital role in every workplace. It ensures employees are held accountable for misconduct or poor performance, while also helping employers maintain a positive working culture.
By addressing issues promptly, companies can:
- Encourage better behaviour and performance.
- Reduce the risk of repeated misconduct.
- Maintain employee morale and productivity.
- Protect customers and clients from poor service.
In some cases, minor issues can be resolved informally through a one-to-one discussion or a verbal warning. However, for more serious cases, a formal company disciplinary procedure is necessary to ensure fairness and transparency.
Common Reasons for Disciplinary Action
An employee may be invited to a disciplinary meeting for issues such as:
- Behavioural concerns (e.g., insubordination, bullying, harassment).
- Poor job performance or failure to meet targets.
- Absenteeism or extended unapproved absence.
- Misconduct such as theft, fraud, or violation of safety protocols.
Employers must provide employees with clear details and evidence before a disciplinary hearing, giving them the opportunity to prepare, gather supporting documents, or bring witnesses.
What Counts as Misconduct?
Misconduct varies in severity, but common examples include:
- Insubordination
- Harassment or bullying
- Absence without permission
- Theft or fraud
- Breach of health and safety rules
For gross misconduct (such as violence, theft, or serious safety breaches), dismissal may be immediate, provided the proper disciplinary procedure is followed.
The Disciplinary Procedure: Step by Step
- HR Notification of Misconduct
- HR is made aware of the issue, documents it, and initiates the process.
- Investigation
- An impartial officer gathers evidence, interviews relevant parties, and determines if a hearing is required.
- Invitation to Hearing
- The employee is formally invited to a disciplinary hearing, with enough notice and access to all evidence.
- The Disciplinary Hearing
- Both sides present their case, evidence is reviewed, and the employee may bring witnesses.
- Disciplinary Outcome
- Possible outcomes include no action, a verbal or written warning, demotion, performance improvement plan, or dismissal.
- Appeal Process
- Employees have the right to appeal if they believe the decision was unfair, unlawful, or based on incomplete evidence.
What If Employers Don’t Follow Proper Procedures?
Failure to follow fair disciplinary procedures can lead to claims of unfair dismissal and even legal action. Beyond the legal risks, skipping the process can damage workplace trust, reduce morale, and encourage high staff turnover.
Employers should also note that while disciplinary procedures may not always be required during a probationary period, following a fair process is always best practice.
How Long Does a Disciplinary Stay on Record in the UK?
The length of time a disciplinary stays on record depends on the employer’s policy:
- Minor misconduct: Warnings may stay on file for 3 to 6 months.
- Serious misconduct: Records may last 12 to 24 months.
- Gross misconduct: In some cases, the disciplinary may remain indefinitely on the employee’s record.
This period should be clearly stated in writing as part of the disciplinary outcome, and ideally outlined in the company’s employee handbook.
Preventing the Need for Disciplinaries
Disciplinary procedures should be a last resort. Employers can reduce the likelihood of misconduct escalating by focusing on:
- Open communication.
- Regular performance reviews.
- Clear workplace policies.
- Employee support and training.
Streamline Performance Reviews with Token Talent
One of the most effective ways to reduce the need for disciplinary action is by proactively managing employee performance.
With Token Talent’s performance review software, businesses can:
- Conduct fair, regular evaluations.
- Track employee goals and progress.
- Provide feedback before issues escalate.
- Ensure transparency across HR processes.
By empowering employees with feedback and support, Token Talent helps organisations maintain a healthy workplace culture — minimising the risk of disputes and formal disciplinaries.
Final Thoughts
Disciplinaries are an essential part of workplace management, but they must be handled fairly and carefully. Understanding the process, knowing how long warnings remain on record, and focusing on proactive performance management can save both employees and employers unnecessary stress.
With the right HR tools like Token Talent, organisations can build stronger teams, prevent conflicts, and create a workplace where everyone thrives.
