How to keep a dated record of a dismissal decision

Last checked 17 Oct 2026. Great Britain only. Dates can change.

Write down each step as it happens, with the date, who was there and what was said or decided, and keep the evidence with it. Acas advises keeping a written record of every disciplinary case, including cases where no action is taken. From 1 January 2027 more employees will be able to bring an unfair dismissal claim, and most tribunal claims now have a six month time limit, so these records may be needed later and for longer.

This guide is information only. Take advice before dismissing a particular person.

How long this takes

The record itself adds little time if you write as you go: about 10 minutes after each step. Building a decision file after the event takes far longer and is less reliable.

Where the Acas Code fits

The Acas Code of Practice covers misconduct, poor performance and grievances. A tribunal takes it into account, and can adjust an award by up to 25 percent for unreasonable failure to follow it. It does not apply to redundancy dismissals. Acas consulted on a draft update to the Code between 30 July and 23 September 2026, and says it is reviewing responses, so check Acas for the current version before you rely on any detail here. If you have your own capability or disciplinary procedure, follow that too.

Steps and what to record at each

1. Note the concern and when it began. Record dates, examples and any informal conversations. Acas says to try informal resolution first for conduct, and to support an employee to improve for capability, with dismissal a last resort.
2. Investigate promptly. Keep the facts, statements and documents. Acas says the investigator and the decision maker should ideally be different people. Record any suspension, why and for how long. Acas says it should be paid and as short as possible.
3. Write to the employee. Say what the allegation or concern is, the possible consequences, and enclose the evidence, including witness statements. Give the meeting time and place and state the right to be accompanied. Keep a copy and the date sent.
4. Hold the meeting without unreasonable delay. Record who attended, who the companion was, that the evidence was explained, what the employee said and any witnesses called. Acas says someone should take notes and a confidential written record should be kept.
5. Allow the companion. The statutory right covers disciplinary hearings that could lead to action and appeal hearings. The companion can be a colleague or a trade union representative or official. If the companion cannot attend, the employee can propose another reasonable time within five working days, and you should agree it. The Code does not cover non-renewal of fixed term contracts.
6. Decide and record why. Note the options you considered, the evidence you relied on and how similar cases were handled. Dismissal should be decided by someone with authority to do so.
7. Tell the employee in writing. Acas says a dismissal notice should give the reasons, the date employment ends, the notice period and the right of appeal.
8. Offer an appeal. Acas says appeals should be heard without unreasonable delay, by someone not previously involved where possible, with the right to be accompanied. Record the grounds, the meeting and the outcome in writing.

Why dates matter: six months and six months

• The qualifying period. The qualifying period is due to change on 1 January 2027, keyed to the effective date of termination (SI 2026/559, regulation 4). Record the EDT and how you worked it out. See unfair dismissal from 1 January 2027.
• The time limit. GOV.UK says people generally have six months from the problem to bring a tribunal claim, and the three month limit may apply to problems before 1 October 2026. For unfair dismissal, the relevant date is the EDT (SI 2026/954). They usually need an early conciliation certificate from Acas first. See the tribunal time limit.

A decision record, in order

• Employee ID and role, start date and date of the six month point
• The concern, with dates and examples
• Informal steps taken and support offered
• Investigation: who, when, what evidence
• Letter inviting to the meeting: date sent, what was enclosed
• Meeting: date, attendees, companion, notes
• Decision: who made it, reasons, date
• Outcome letter: date, reasons, EDT, notice, appeal right
• Appeal: request date, hearing date, decision maker, outcome
• Where each document is stored and who can see it

Common mistakes

• Writing the file after the decision has been challenged.
• Giving the employee no chance to see the evidence before the meeting.
• Combining investigator and decision maker roles.
• Not recording the companion, or refusing a reasonable choice.
• Recording the date of the conversation but not the EDT.
• Throwing records away before the longer time limit has passed.
• Keeping the file open to everyone. It is confidential, and personal data should be kept only as long as needed.
• Using this record for a redundancy. That needs a different process.

This guide is general information to help you prepare, not legal advice. Take advice from a qualified adviser before dismissing a particular employee.

More guides

• How to work out when an employee reaches six months of service
• How to run probation reviews before 1 January 2027
• How to brief your managers on the Employment Rights Act changes in 20 minutes
• How to keep a dated record of what you do to prevent sexual harassment