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Common issues

Investigation Before Dismissal

Why your employer must establish the facts before taking disciplinary action.

Last updated 21 February 2026

Overview

The ACAS Code of Practice requires employers to establish the facts of the case before taking disciplinary action.

Failure to investigate is one of the most common reasons tribunals find a dismissal unfair, even when the employer had legitimate grounds.

What you can do

  1. 01

    Gather evidence

    Note if you were called to a hearing without prior notice or if key witnesses were not interviewed.

  2. 02

    Raise an appeal

    Use your appeal to point out that a proper investigation did not take place.

Next steps

Keep your facts organised and protect your time limits with the tools below.

Start case check

Sources