Talking to staff

The disciplinary outcome and details must remain confidential. However, where appropriate, it can be a good idea for the employer to talk privately with any staff who knew the disciplinary procedure was happening.

This can help avoid any negative effects on the business, for example:

• bad feeling
• gossip
• bullying
• low work morale

Keeping a record

No matter what the outcome, it’s a good idea for employers to keep a written record of all disciplinary cases to help with any questions or similar cases in the future.

In line with data protection law, records should be:

• confidential
• only be kept for as long as necessary

You can read a guide to data privacy from the Information Commissioner’s Office (ICO).

References after disciplinary action

By law, an employer does not have to provide a reference.

When an employer gives a reference they must make them:

• fair
• accurate
• consistent with others

This means they might have to give information about the employee’s disciplinary outcome.

Find out more about references.