Running a small organisation is tough enough — you’re juggling budgets, staff, customers, volunteers, and the occasional crisis about who drank the last bit of milk. The last thing you need is a disciplinary going pear-shaped because of a technicality.
But that’s exactly what happens. Employers often think they’re handling things “about right”, only to discover (usually at tribunal) that they weren’t. The good news? Most of these slip-ups are avoidable with a bit of process and common sense.
Here are the most common disciplinary mistakes we see small organisations making — with tips on how to dodge them.
1) Forgetting to warn them about the possible outcome
Surprises are for birthdays, not disciplinaries. If dismissal is even remotely on the cards, say so in writing when you invite them to the hearing.
2) Being vague about the allegation
“Poor attitude” is what your nan says about teenagers. Be specific (dates, times, what was said/done). Keep it consistent from start to finish.
3) Sitting on the evidence
You can’t do a dramatic Line of Duty reveal mid-hearing. Share the witness statements/screenshots/CCTV with the invite, and give a reasonable time to prepare.
4) Cutting the notice period too fine
ACAS says “reasonable notice of the hearing” (helpful). Case law says three clear working days (actually helpful for a change!). Aim for three and you’re solid.
5) Issuing a warning without a hearing
Nope. Even if it feels like gross misconduct, the process still matters: investigate → hearing → appeal. Skip steps, and a tribunal will have you.
6) Ignoring the ACAS Code
Think of the ACAS Code like the Highway Code. You can ignore it—right up to the point where it hurts. Follow it and you reduce risk (and potential 25% uplifts).
7) Blocking a companion
They can bring a colleague or a trade union rep. You don’t get to veto because you don’t like them or because they once beat you at the pub quiz.
8) Treating the appeal as a rubber stamp
Appeals must be impartial. Different manager to the previous two meetings. Give them five working days to lodge it and then crack on.
9) Keeping ropey records (or none)
Memories fade; records don’t. Record meetings (phone is fine), keep notes, file everything. “We thought we’d remember” rarely ends well.
Bonus: Zero-hours doesn’t mean zero rights. Don’t fire and hope. Length of service and basic fairness still apply.
