Under the ACAS Code of Practice, your employer must: investigate the allegation before taking action, inform you in writing of the allegation and evidence, allow you sufficient time to prepare your response, hold a formal meeting at which you have the right to be accompanied by a colleague or trade union representative, inform you of the outcome in writing, and allow you to appeal any sanction. Failure to follow these steps can make any resulting dismissal automatically unfair.

Only for gross misconduct (such as theft, serious violence, or gross negligence) can dismissal be the outcome of a first disciplinary hearing. For other misconduct, the ACAS Code expects a staged approach: verbal warning, written warning, final written warning, then dismissal. However, even for gross misconduct, the procedure must be followed correctly and the decision must be within the band of reasonable responses a reasonable employer might take.

Address each allegation specifically — do not simply deny everything without explanation. Provide your version of events with dates and supporting details. Highlight any mitigating factors (stress, health issues, lack of training, unclear procedures). Name any witnesses who can support your account. If the allegation involves inconsistent treatment of other employees, raise this. Request all evidence the employer is relying on if you have not already received it.

Note any procedural irregularities — meetings held without proper notice, refusal to allow a companion, failure to share evidence in advance, or signs that the outcome was predetermined. Raise these concerns in your written response and at the hearing. If dismissed, you can bring an unfair dismissal claim to an Employment Tribunal within three months minus one day of your dismissal, after completing ACAS Early Conciliation.