Can multiple simultaneous disciplinary charges result in multiple parallel disciplinary sanctions, or should a single sanction be the outcome?

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Published on: 07 October 2016

This questions considers whether, in circumstances where several different Disciplinary charges have been brought against an employee at the same time, it is open to the employer to award different levels of disciplinary sanction in relation to each charge (eg a verbal warning for one, a final written warning for another), concurrently, or whether the employer should instead apply one disciplinary sanction in relation to all charges taken together.

The Acas Code of practice and related Guide on discipline and grievances at work do not deal specifically with situations where there are several allegations being dealt with at once. Broadly, however, the Code and guidance envisage a series of warnings moving up the scale, rather than a number of warnings/Sanctions running concurrently.

We are not aware of any authority to the effect that it would be contrary to the Code for the employer to issue a number of different warnings/sanctions after a disciplinary meeting. However, paragraph 21 of the Code sets out

Jurisdiction(s):

United Kingdom

Key definition:

Disciplinary definition

What does Disciplinary mean?

A disciplinary situation is a situation where breaches of rules or codes of behaviour or discipline are corrected or punished. Equally, where an employer's expectations about the way in which a job is to be performed, or its minimum standards, are not met, that may also give rise to a disciplinary situation in respect of the poor or inadequate performance that arises. Disciplinary situations therefore include misconduct or poor performance.

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