Disciplinary Timelines

Disciplinary processes should be completed without unreasonable delay while ensuring fairness and thoroughness.

General Principles

"Without Unreasonable Delay"

ACAS guidance states proceedings should be:

• Progressed promptly
• Not unnecessarily prolonged
• Completed in reasonable time
• Balanced with thoroughness

Why Timing Matters

Reason	Impact
Fairness	Employee left in limbo
Memory	Evidence becomes stale
Anxiety	Prolonged stress
Business	Disruption continues
Legal	May affect tribunal claim

Investigation Timescales

Typical Durations

Complexity	Reasonable Time
Simple matter	Days to 1-2 weeks
Moderate complexity	2-4 weeks
Complex case	4-8 weeks
Very complex	Could be longer

Factors Affecting Duration

Factor	Impact
Number of witnesses	More interviews take time
Document volume	Review takes longer
Availability	Scheduling challenges
External input	May need to wait
Complexity	More analysis needed

What's Unreasonable

• Unexplained delays
• Long gaps between steps
• No progress for weeks
• Not prioritised appropriately
• Dragging on for months without justification

Notification to Hearing

Reasonable Notice

Employee should receive:

Element	Typical Timeframe
Written notification	Sent promptly after investigation
Allegations detailed	With notification letter
Evidence provided	At least 5 working days before
Hearing date	At least 5 working days notice

Why Notice Matters

• Time to prepare response
• Arrange companion
• Gather evidence
• Take advice
• Mental preparation

Postponement Requests

Employee may request if:

• Insufficient notice
• Companion unavailable
• Need more time (reasonable)
• Illness or emergency

Employer should agree to one postponement (up to 5 working days for companion issues).

Hearing to Decision

Decision Timing

Approach	Typical Time
Same day (after adjournment)	Often possible for simple cases
Next day	Common
Within 2-3 days	Reasonable for complex
Week+	May need justification

Why Not Instant

Don't decide at the table:

• Need time to consider
• Shows proper thought
• Allows checking
• More defensible

Communication

Step	Timeframe
Verbal outcome	Usually same day or next
Written confirmation	Within 5 working days
Right to appeal	In outcome letter

Appeal Timescales

Lodging Appeal

Aspect	Typical Requirement
Time to appeal	5-10 working days
Format	Usually written
Grounds	Should state reasons
Deadline	From date of outcome letter

Appeal Hearing

Stage	Typical Time
Acknowledgment	Within 5 days of appeal
Hearing arranged	Within 2 weeks
Notice of hearing	At least 5 working days
Decision	As soon as possible

Final Decision

Appeal outcome should be:

• Given without delay
• Confirmed in writing
• Final (usually exhausts internal process)

Overall Process Times

Total Duration

Case Type	Reasonable Total Time
Minor misconduct	2-4 weeks
Serious misconduct	4-8 weeks
Gross misconduct	2-6 weeks (may be quicker)
Complex/multiple parties	8-12+ weeks

Typical Breakdown

Stage	Duration
Investigation	1-4 weeks
Invite to hearing	5-10 days notice
Hearing	1 day
Decision	1-3 days
Appeal (if any)	2-3 weeks

Suspension and Timing

Review Requirements

If suspended:

Review	Timeframe
Initial review	Within days
Ongoing reviews	Weekly minimum
Lift if not needed	As soon as possible

Impact of Delay

Long suspension with delay:

• Becomes punitive
• May breach trust
• Supports unfair dismissal
• Evidence of poor process

Consequences of Delay

For Employers

Consequence	Impact
Unfair dismissal	Tribunal may find process unfair
Breach of trust	Employee may resign
Evidence issues	Memories fade
Witness problems	People leave/forget

For Employees

Consequence	Impact
Anxiety	Prolonged uncertainty
Career	Stuck in limbo
Reference	Delayed resolution
Next steps	Can't move on

Employee's Position

If Process Delayed

You can:

• Ask for updates
• Request timeline
• Raise concern formally
• Seek advice
• Document delays

What to Write

"I am concerned about the delay in progressing this disciplinary matter. It has now been [X weeks/months] since [date]. Please provide an update on the timeline and when I can expect resolution."

Grievance About Delay

Consider if:

• Very lengthy delay
• No explanation given
• Causing significant impact
• May strengthen any claim

But be aware: may complicate matters.

When Delay Is Justified

Acceptable Reasons

Reason	Why Acceptable
Police investigation	May need to wait
Complex fraud	Forensic analysis
Key witness unavailable	Illness, holiday
Employee absence	Sick, parental leave
External input needed	Expert reports

Must Still Progress

Even with justified delay:

• Other steps should continue
• Updates should be given
• Review should happen
• Shouldn't drift indefinitely

Time Limits After Incident

Discovery vs Occurrence

Time runs from when employer:

• Became aware of issue
• Should reasonably have known
• Not necessarily when incident occurred

Old Matters

Situation	Consideration
Recently discovered	May still proceed
Long known, no action	May be too late
Pattern now clear	Can consider history
Evidence still exists	More viable

Fairness Considerations

Tribunal considers:

• Why delayed?
• Prejudice to employee
• Evidence still available
• Memory issues
• Employee's expectations

Managing Time Effectively

For Employers

Best Practice	Benefit
Set internal deadlines	Keeps on track
Regular progress checks	Spots delays
Communicate timelines	Manages expectations
Document reasons	Explains any delay

For Employees

Best Practice	Benefit
Note all dates	Tracks timeline
Follow up if delayed	Prompts action
Keep records	Evidence for any claim
Know your deadlines	Especially appeal

Key Timeframes Summary

Stage	Typical Time
Investigation	Days to weeks (complexity dependent)
Hearing notice	At least 5 working days
Hearing to decision	1-3 days
Written outcome	Within 5 working days
Appeal deadline	5-10 working days
Appeal hearing	Within 2-3 weeks
Appeal decision	As soon as possible

Remember

• No strict legal limits
• "Without unreasonable delay" is key
• Complexity affects reasonable time
• Must balance speed and fairness
• Document reasons for any delay