Disciplinaries and Investigations | when is action warranted?

According to a recent survey by WorkNest, employers’ biggest concern when handling a disciplinary is making a legal mistake.

On top of this, many managers struggle to cope with the emotional stress that results from gathering evidence and conducting hearings. This, combined with the worry that mishandling the matter could result in a claim, can turn a straightforward HR process into a daunting, drawn-out ordeal.

If disciplinaries are becoming a drain on your time and resources, join our Employment Law experts as they explain the key components of a fair disciplinary investigation, what constitutes gross misconduct, and how to collect evidence so that you can build a robust case.

8 February, 2.00 - 3.00 pm


What sort of issues warrant disciplinary action?

Is the disciplinary process solely for managing misconduct, or can it also be used to address concerns relating to underperformance and attendance?

Our research suggests that:

  • 22% of employers revert to disciplinary action as a result of poor conduct.
  • 31% of employers revert to disciplinary action as a result of poor performance.
  • 35% of employers revert to disciplinary actions as a result of absenteeism.

But what should they really be doing from an employment law perspective?

WorkNest’s legal experts will be explaining when disciplinary action is appropriate – and when it might not be – in our latest live webinar, ‘Disciplinaries & Investigations: when is action warranted?’

What's on the agenda?

During this free 60-minute webinar, Employment Law Adviser Pete Sewell and Trainee Solicitor Kirstie Smith will delve deeper into the disciplinary and investigations process and answer common questions, including:

  • What warrants disciplinary action: What sorts of issues should be dealt with via the disciplinary process – poor performance, poor conduct, poor attendance, or all of the above?
  • Overcoming procedural delays: How can employers speed up the process and conduct more efficient investigations to prevent unnecessary drain on internal resources?
  • Handling health-related absences: What should you do when individuals facing disciplinary action take sick leave due to stress and mental health concerns, possibly as a delay tactic?
  • Collecting evidence for a robust case: An employee with issues should be the last person to know about any process being underway but this can be tricky whilst gathering all the facts.
  • Navigating the process: What are the key steps of a fair and compliant disciplinary process, and what potential pitfalls should employers be alert to along the way?
  • Dispelling common misconceptions: From getting your allegations right to what actually constitutes gross misconduct, unfair dismissal and why you can’t just dismiss right away.

Have a question?

If you have a specific query in mind, please submit it in advance via the registration form – our hosts will aim to address as many as possible at the end of the session.

Register for free webinar


Training course: Managing Disciplinaries & Grievances

Disciplinary and grievance procedures should not be seen as a mechanism for imposing sanctions – they should be an aid to effective management, enabling you to resolve issues quickly and cost-effectively.

Having managers who are able to effectively and confidently handle discipline and grievance issues is therefore crucial for all organisations.

Webinar review

Having attended a few WorkNest webinars, I am always impressed with the no-nonsense, well-balanced guidance they provide.  Their advice gives me confidence to deal with situations that may arise in an appropriate way and the fact that they follow up with answers to all the questions posed during the webinar is an added bonus.”

Mary Greig, Scaled Solutions

Better with WorkNest

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and achieving results

Owing to our unrivalled support and expertise, we’re consistently high achievers when it comes to protecting organisations and achieving results.


More solicitors

We have over three times as many employment lawyers as any of our larger competitors. Most have over 10 years’ experience, guaranteeing the best possible advice.


Reduced claims risk

Our Employment Law clients are nearly four times less likely to face a Tribunal claim compared to the national average, and almost twice as likely to successfully defend one.


Qualified consultants

All of our Health & Safety specialists are IOSH qualified (or equivalent), mainly Chartered or Graduate, ensuring they possess the skills and expertise to support you effectively.


Years of experience

Together, our experts have over 1,500 years’ collective experience of supporting organisations with their compliance, so you can be sure you’re in safe hands.

Who we work with

Proud to support over 
40,000 UK employers

Our clients range from small businesses with fewer than 50 staff at a single location, through to large household names employing thousands of people at multiple sites across the UK. Whatever your size or sector, we have solutions to suit your needs.

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