Can you get sacked from a disciplinary?

If disciplinary allegations are levelled against you then you are bound to be concerned, and your biggest fear is likely to be: will I get sacked?

In cases where serious misconduct is considered proven, or you have had previous disciplinary warnings, you can certainly be dismissed - but it is not always as clear cut as that.

In all cases there are a range of factors to be considered, which may mean dismissal is not always a reasonable outcome.

If you are unfortunate enough to find yourself in a position where you are facing allegations of any wrongdoing at work, it is understandable if you fear the worst.

If you are innocent of an allegation you will expect to be cleared, although that may not always be the case. If you admit an allegation, or any part of it, you will justifiably worry about the outcome.

The outcome of any fair disciplinary hearing should not be inevitable. Even a finding of gross misconduct does not always mean you will automatically be sacked.

You can, of course, be dismissed if a fair disciplinary process has been conducted and there is just reason for your employer to do so.

A disciplinary allegation is a genuinely held concern about your conduct, which your employer needs to address. Allegations can range from concerns about timekeeping to theft and fraud.

The start of the disciplinary process can leave you feeling as if your fate has already been sealed. You can be suspended from work, which will usually mean you are not allowed to attend the workplace or contact colleagues [1 cited 10.10.22]

If you are facing the threat of dismissal, you should subsequently be invited to attend a disciplinary hearing [2 cited 10.10.22]

If dismissal is a potential outcome, then the letter/email inviting you to the hearing should warn you of this.

If you deny any allegation levelled against you then you should utilise the disciplinary hearing to demonstrate your innocence.

Take the opportunity to fully explain your response to any allegation, provide or refer to evidence that can support your case and give details of any witnesses that can do likewise.

You have a statutory right to be accompanied at a disciplinary hearing by a trade union representative or colleague [3 cited 10.10.22]

If you are facing the sack, it is always a good idea to take a companion to the hearing with you. They can help to put your case, sum up that case and respond on your behalf to any view expressed at the hearing.

If you are innocent of the allegation a fair disciplinary hearing should, ideally, help to clear you of any wrongdoing. The reality is that, sadly, this does not happen in all cases.

If you are unreasonably dismissed and you have two or more years of service then you can make an unfair dismissal claim to an employment tribunal [4 cited 10.10.22]

If you admit any allegation you face, even when it is extremely serious, there may be mitigating factors that may mean you can avoid getting sacked.

Mitigation can include, but not be limited to:

• A current physical or mental illness e.g. stress or anxiety. It is worth noting that if stress or anxiety has lasted, or is likely to last, for 12 months it can be considered a disability under the Equality Act 2010 [5 cited 10.10.22] . Any type of disability can be considered as mitigation.

• If you are going through any serious personal issues, which may have played a part in what occurred e.g. divorce, severe financial difficulties or bereavement.

• Any remorse you show, if the conduct is out of character, are you a trusted employee, your length of service and disciplinary record.

In taking into account any mitigating factors, the test in unfair dismissal cases is whether dismissal falls within the ‘band of reasonable responses.’

If facing disciplinary action at work you should always review your employer’s disciplinary policy, so that you know what to expect. It should reflect the ACAS Code of Practice, which sets the minimum standard of fairness that workplaces should follow [6 cited 10.10.22]