ACAS Code of Practice on Disciplinary and Grievance Procedures

The ACAS Code is the framework for fair workplace procedures. It requires: written notification of issues; right to a hearing with companion; investigation; written outcome; right of appeal. The Tribunal can uplift compensation by up to 25% where the employer unreasonably failed to comply, or reduce by up to 25% where the employee unreasonably failed. ACAS produces detailed guidance to accompany the Code. Other ACAS Codes cover Settlement Agreements, Flexible Working, Time Off for Trade Union Activities, and Dismissal and Re-engagement (the 2024 fire and rehire code).

In practice, the Code is short — a few pages — and that is its strength. Tribunals use it as a checklist. Did the employer investigate properly before deciding there was a case to answer? Did it set out the allegations in writing and give enough time and information to prepare? Did it hold a meeting and allow a companion? Was the decision-maker different from the investigator where that was practicable? Was the outcome given in writing with a right of appeal, and was the appeal heard by someone more senior and not previously involved?

Worked example: Dev is dismissed for gross misconduct after a single meeting. He was told the allegation verbally on the morning of the hearing, was not shown the CCTV relied on, and his appeal was heard by the same manager who dismissed him. Even if the underlying conduct was serious, those failures are unreasonable departures from the Code. At tribunal, they support a finding of unfair dismissal and can also justify an uplift of up to 25% on the compensation awarded. Conversely, if Dev had refused to attend three properly convened meetings without good reason, the tribunal could reduce his award by up to 25% instead.

The misconceptions are important. The Code is not law in itself and breaching it is not automatically unfair — but tribunals must take it into account, and unreasonable failure adjusts the money. It does not apply to redundancy dismissals or to non-renewal of a fixed-term contract, although fairness still requires proper consultation in those cases. The statutory right to be accompanied covers a colleague or a trade union representative, not a solicitor or a family member, unless the employer agrees or an adjustment is needed for a disability. And the uplift applies to most tribunal awards, so a procedural shortcut taken to save a fortnight can be an expensive saving.

The Code is given legal force by section 207A of TULRCA, is published by ACAS, and shapes what counts as a fair process for unfair dismissal under the Employment Rights Act 1996. Read our guides to disciplinary meetings and the grievance process before your hearing.