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Purpose: This policy sets out Kickass Online Ltd’s (‘KO’) procedure for managing disciplinary matters fairly, consistently, and in compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures (2015). All managers and employees should read this policy alongside the ACAS Code.
Scope: This policy applies to all KO employees. It does not form part of any employee’s contract of employment and may be amended from time to time. It does not apply to redundancy situations or the non-renewal of a fixed-term contract on expiry.
Standards of Conduct and Performance
Employees are expected to maintain high standards of conduct and performance, including compliance with all KO policies, professional behaviour in dealings with colleagues, clients, and third parties, and achievement of agreed performance objectives. Where standards are not met, KO will act promptly, fairly, and in accordance with this procedure.
The ACAS Code of Practice
This policy follows the ACAS Code of Practice on Disciplinary and Grievance Procedures (2015), which is a statutory code. Employment Tribunals are required to take the Code into account when considering unfair dismissal and other claims. Where KO unreasonably fails to follow the Code, a Tribunal may increase any compensation awarded by up to 25%. Where an employee unreasonably fails to follow the Code, compensation may be reduced by up to 25%.
Informal Resolution
Many conduct and performance issues can and should be resolved informally. Before initiating any formal process, the line manager will seek to address concerns through a supportive conversation, clear feedback, and agreed targets for improvement. A brief note of the discussion will be kept. Informal resolution is not a disciplinary sanction and will not appear on the employee’s formal record.
Investigation
Before any formal disciplinary action is taken, a reasonable investigation will be conducted. This is a requirement of the ACAS Code and a fundamental element of procedural fairness.
- The investigation will be carried out by an appropriate manager, who will wherever possible be different from the manager who conducts any subsequent hearing
- The employee will be informed of the allegation(s) promptly and given the opportunity to respond during the investigation
- The investigating manager may interview witnesses, review documents, and gather any other relevant evidence
- A written investigation report will be produced before any decision is made to proceed to a formal hearing
- The investigation is a fact-finding exercise, it is not a disciplinary hearing and no sanctions will be imposed at this stage
Suspension
Where the allegation is serious, or where the employee’s continued presence at work could compromise the investigation or pose a risk, KO may suspend the employee on full pay pending the outcome of the investigation.
Suspension is a neutral precautionary measure, it is not a disciplinary sanction and must not be treated as such. It does not imply guilt. KO will keep the period of suspension as short as possible and will review it regularly.
Formal Disciplinary Procedure
If the investigation concludes there is a case to answer, the following procedure will apply:
Step 1, Written notice of hearing The employee will be invited in writing to a formal disciplinary hearing with a minimum of 48 hours’ notice. The written invitation will set out: the nature of the allegation(s); the potential outcome if the allegation is upheld; the evidence KO intends to rely on; and the employee’s right to be accompanied.
Step 2, The hearing The hearing will be conducted by a manager with appropriate authority. The employee will be given the opportunity to respond to the allegation(s), present their case, call witnesses, and ask questions of KO’s evidence. The hearing may be adjourned if further investigation is needed.
Step 3, The outcome Following the hearing, KO will notify the employee of the outcome in writing, normally within 5 working days. Possible outcomes are:
- No further action
- Informal guidance or coaching (where the matter does not meet the threshold for a formal sanction)
- First written warning
- Final written warning
- Dismissal with notice
- Summary dismissal without notice (gross misconduct only)
Disciplinary Sanctions
First written warning: Issued for a first instance of misconduct or a performance failing that has not improved following informal steps. The warning will specify the issue, the required improvement, the support available, and the timescale for review. Active for 12 months from the date of issue, after which it will be disregarded for disciplinary purposes.
Final written warning: Issued where misconduct or performance continues after a first written warning, or where a first offence is sufficiently serious to warrant it. Active for 12 months from the date of issue (or longer in exceptional circumstances, which will be specified in writing). A further breach during this period may result in dismissal.
Dismissal with notice: Where the issue has not been resolved after a final written warning, or where the conduct is serious but does not amount to gross misconduct. The employee will receive their contractual or statutory notice, whichever is greater.
Summary dismissal (without notice): Reserved for gross misconduct only, see below.
Gross Misconduct
Gross misconduct is conduct so serious that it fundamentally and irreparably breaches the employment relationship, justifying immediate dismissal without notice or pay in lieu of notice. Examples of gross misconduct at KO include, but are not limited to:
- Theft, fraud, or deliberate falsification of records or timesheets
- Physical violence, or a serious threat of violence, towards any person
- Harassment, bullying, or discrimination in breach of the Equality Act 2010
- Serious or deliberate breach of confidentiality or data protection obligations
- Deliberate damage to company or client property or systems
- Being under the influence of alcohol or illegal substances during working hours or at a work event
- Serious breach of the IT, Communications, or BYOD Policy, including unauthorised access to systems or data
- Bringing KO into serious disrepute through conduct connected to the employment
- Gross negligence causing significant loss or reputational damage to KO or a client
This list is illustrative, not exhaustive. Whether conduct amounts to gross misconduct will depend on the facts and circumstances of each case.
Right to be Accompanied
Under the Employment Relations Act 1999, employees have a statutory right to be accompanied at any formal disciplinary hearing by a trade union representative or a fellow worker of their choice. The companion may address the hearing, confer with the employee, and sum up the employee’s case, but may not answer questions on the employee’s behalf.
Employees must make a reasonable request to be accompanied in advance of the hearing. KO may postpone a hearing by up to 5 working days if the employee’s chosen companion is not available at the proposed time.
Appeals
Employees have the right to appeal against any formal disciplinary sanction. The appeal must be submitted in writing to the Director within 5 working days of receiving the written outcome, setting out clearly the grounds of appeal.
Grounds of appeal may include: procedural unfairness; the sanction being disproportionate to the misconduct; new evidence that was not available at the time of the hearing; or bias or conflict of interest on the part of the hearing manager.
The appeal will be heard by a manager more senior than the original hearing manager, wherever possible someone not previously involved in the matter. The outcome of the appeal will be confirmed in writing. The appeal decision is final.
Performance Management
Where the issue relates to performance rather than conduct, KO will follow a structured performance improvement process, which will include: clear identification of the performance shortfall; agreed, measurable targets and timescales for improvement; regular review meetings with documented feedback; and reasonable support including training, coaching, or adjusted workload where appropriate. Formal disciplinary action for performance will only be taken where the employee has been given a fair opportunity to improve and has failed to do so despite reasonable support.
Record Keeping
All records relating to disciplinary proceedings, including investigation notes, hearing notes, outcome letters, and appeal decisions, will be kept confidentially in the employee’s personnel file. In accordance with UK GDPR data retention principles, records will be retained for a minimum of 6 years following resolution of the matter. Warning letters will be removed from the active record once the active period has expired, though may be retained securely for limitation purposes.
Consistency and Fairness
All disciplinary matters will be handled consistently, proportionately, and without discrimination. Employees in similar situations will be treated similarly. Where precedent is relevant, KO will take it into account. No disciplinary action will be taken on grounds that relate to a protected characteristic under the Equality Act 2010, the exercise of a statutory right, or whistleblowing under PIDA 1998.
Review
This policy will be reviewed annually and whenever the ACAS Code is updated.
Last reviewed: May 2026.