Running a small organisation is tough enough. You’re juggling budgets, staff, customers, volunteers — and occasionally mediating a very serious dispute about who finished the milk.

The last thing you need is a disciplinary process going badly wrong because of a technical slip-up.

Yet this is exactly what we see time and time again. Employers often believe they’ve handled a situation “fairly enough”, only to find out later — usually at tribunal — that they didn’t.

The good news? Most disciplinary mistakes are completely avoidable with a bit of structure, clarity and common sense.

Here are the most common disciplinary errors we see in small organisations, and how to dodge them.

1. Not warning the employee about the possible outcome

Disciplinary meetings should never come with surprises.

If dismissal is even a possibility, it must be clearly stated in writing when the employee is invited to the hearing. Failing to do this is one of the quickest ways to undermine your own process.

Be clear, upfront and transparent.

2. Being vague about the allegation

“Poor attitude” isn’t an allegation — it’s an opinion.

Allegations should be specific and consistent, including:

• Dates

• Times

• What was said or done

• Who was involved

The clearer you are from the start, the easier the process is to manage — and defend if needed.

3. Holding back evidence

A disciplinary hearing isn’t the place for dramatic last-minute reveals.

Any evidence you plan to rely on — witness statements, screenshots, CCTV — should be shared with the employee in advance, alongside the invite to the hearing. They must be given reasonable time to review and prepare.

If you haven’t shared it, you shouldn’t be using it.

4. Cutting the notice period too fine

ACAS guidance talks about “reasonable notice”, which is famously vague.

Case law, however, is far more helpful: three clear working days is widely accepted as reasonable. Aim for this and you’re on solid ground.

5. Issuing a warning without holding a hearing

Even when misconduct feels obvious — or emotions are running high — the process still matters.

The correct order is:

• Investigation

• Disciplinary hearing

• Outcome

• Right of appeal

Skipping steps because it feels quicker or easier rarely ends well.

6. Ignoring the ACAS Code

Think of the ACAS Code like the Highway Code. You can ignore it — right up until the point where it causes serious damage.

Failing to follow the ACAS Code can lead to compensation being increased by up to 25% at tribunal. Following it significantly reduces risk and keeps you on the right side of fairness.

7. Blocking a companion

Employees have a legal right to be accompanied by:

• A work colleague, or

• A trade union representative

You don’t get to veto their choice because it’s inconvenient, awkward, or because you don’t get on with them.

8. Treating the appeal as a tick-box exercise

An appeal is not a rubber stamp.

It should be:

• Heard by a different manager to the investigation and hearing

• Treated with an open mind

• Allowed within a reasonable timeframe (five working days is standard)

Done properly, appeals can actually help resolve issues before they escalate further.

9. Keeping poor (or no) records

Memories fade. Notes don’t.

Keep clear records of:

• Investigations

• Meetings

• Decisions

• Reasoning

Recording meetings (even on a phone) is absolutely fine. “We thought we’d remember” is not a defence that holds up well.

Bonus: Zero-hours doesn’t mean zero rights

Zero-hours workers still have rights.

Length of service, fairness and process still matter. Ending assignments and hoping for the best is risky and often backfires.

Need a steady hand?

Disciplinary processes don’t have to be stressful — but they do need to be done properly.

At Tower HR, we support small organisations through disciplinaries from start to finish, making sure the process is fair, compliant and proportionate, while taking the pressure off you.

If you’re dealing with a tricky situation or want to sense-check a process before it goes wrong, get in touch to book your free HR Peace of Mind Call.  Call or friendly team on 07740 996336 or 07598 050705