Time Limits in Disciplinary Proceedings

Timely handling of disciplinary matters is essential for fairness and legal compliance.

General Principle

ACAS Code Requirement

The ACAS Code of Practice states:

"Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions."

Why Timing Matters

Delay can:

• Make dismissal unfair
• Cause unnecessary stress
• Affect evidence quality
• Suggest employer isn't serious
• Breach implied term of trust

Time Limits by Stage

Discovery of Issue

Stage	Reasonable Timeframe
Noticing issue	As soon as apparent
Deciding to investigate	Within days
Starting investigation	Promptly
Suspending (if needed)	Immediately

Investigation Phase

Stage	Typical Timeframe
Gathering documents	Days to 2 weeks
Interviewing witnesses	1-3 weeks
Investigation meeting	Within 2 weeks of start
Investigation report	Within days of interviews
Decision to proceed	Within days of report

Disciplinary Hearing

Stage	Typical Timeframe
Invitation letter	5-7 days before hearing
Evidence to employee	With invitation
Rearranged hearing	Within 5 working days
Decision after hearing	Same day to few days
Written outcome	Within days of decision

Appeal

Stage	Typical Timeframe
Appeal deadline	5-10 days from outcome
Appeal hearing	Within 2 weeks of appeal
Appeal decision	Same day to few days
Written outcome	Within days of decision

What "Unreasonable Delay" Means

No Fixed Rule

Courts and tribunals consider:

• Complexity of the case
• Availability of people
• Volume of evidence
• Employer's resources
• Impact on employee

Examples of Unreasonable Delay

Delay	Why Unreasonable
Investigation lasting 6 months (simple case)	Far too long
Waiting weeks between stages for no reason	Unnecessary
Leaving employee suspended indefinitely	Unfair to employee
Not addressing known issue for months	Implies acceptance

Examples of Acceptable Delay

Delay	Why Acceptable
Complex fraud investigation taking months	Necessary for thoroughness
Waiting for key witness to return from leave	Legitimate reason
Postponing for employee's companion	Statutory right
Criminal investigation pending	May need to wait

Using Old Incidents

General Rule

Employers should deal with issues when they arise, not bank them for later.

When Old Incidents Can Be Used

Acceptable	Not Acceptable
Pattern emerges over time	Known about and not addressed
New evidence discovered	Deliberately saved up
Relevant to current matter	Unrelated old issue
Part of ongoing conduct	Already dealt with

Previously Dealt With

If issue was already addressed:

• Can't discipline again for same thing
• But can note pattern
• Spent warnings shouldn't count
• Historical context may be relevant

Employee Under Suspension

Special Urgency

When employee is suspended:

• Investigation should be prioritised
• Regular reviews of suspension
• Consider alternatives to continued suspension
• Prolonged suspension can be unfair

Maximum Duration

No legal maximum, but:

• Should be as short as possible
• Weeks, not months (for most cases)
• Longer only if genuinely necessary
• Must be kept under review

Tribunal Time Limits

Unfair Dismissal

Deadline	Details
3 months less 1 day	From effective date of termination
ACAS conciliation	Must be started within this period
Extension possible	Only in limited circumstances

When Time Starts

Time runs from:

• Effective date of termination (EDT)
• Usually the date employment actually ends
• Not the date you're told about dismissal

Don't Wait for Appeal

Critical point:

• Time limit runs from dismissal date
• NOT from appeal outcome
• Start ACAS conciliation while appealing
• Don't run out of time

ACAS Early Conciliation

• Contact ACAS within 3-month period
• Receive early conciliation certificate
• "Stop the clock" period applies
• Then have further time to file claim

Impact of Delay on Fairness

Investigation Delay

May make dismissal unfair if:

• Evidence becomes unreliable
• Witnesses' memories fade
• Documents lost
• Employee prejudiced

Hearing Delay

May make dismissal unfair if:

• Employee kept in limbo
• No good reason for delay
• Breach of ACAS Code
• Shows employer not treating seriously

Appeal Delay

May affect:

• Weight given to appeal
• Employee's position
• Fairness assessment
• Remedy at tribunal

Employer Best Practice

Managing Timelines

Action	Best Practice
Start investigation	Within days of issue arising
Complete investigation	As quickly as reasonably practicable
Issue invitation	Promptly after decision to proceed
Hold hearing	Within days/weeks of invitation
Communicate outcome	Same day if possible, within days
Handle appeal	Promptly after receipt

Documentation

Keep records of:

• When issue arose
• When each step taken
• Reasons for any delays
• Review of timelines

Employee Actions

Monitor Timelines

If you're facing disciplinary:

• Note dates of each stage
• Question unreasonable delays
• Document impact on you
• Raise concerns formally if needed

Protect Tribunal Rights

If dismissed:

• Note exact termination date
• Calculate tribunal deadline
• Contact ACAS promptly
• Don't wait for appeal outcome
• Seek advice early

Extension of Time

Tribunal may extend time if:

• Not reasonably practicable to claim in time
• Just and equitable to extend (discrimination)
• Very high bar - don't rely on it