What is the ACAS Code?
The ACAS Code of Practice on Disciplinary and Grievance Procedures is a statutory framework that governs how employers must handle workplace disputes in the UK. Published under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992, this isn't optional guidance—it's a legal benchmark against which employment tribunals measure employer conduct.
The Code carries unique legal weight. While breaching it isn't automatically unlawful, tribunals must consider whether an employer or employee followed the Code when determining cases. Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, tribunals have the power to increase or reduce compensation by up to 25% based on Code compliance.
The current version came into force on 6 April 2009, replacing previous statutory procedures with a simpler, more flexible framework. It applies to nearly all disciplinary and grievance situations, from first-time misconduct warnings to dismissal proceedings. The only significant exceptions are collective redundancies and business transfers covered by separate regulations.
Employment tribunals care about Code compliance because it demonstrates procedural fairness. In unfair dismissal claims, a tribunal examines two questions: was the dismissal substantively fair (did the employer have a valid reason), and was it procedurally fair (did they follow proper process). The ACAS Code defines what "proper process" means in practical terms.
Statistics from the Ministry of Justice show that approximately 40% of successful unfair dismissal claims receive uplifts of 10-25% due to employer Code breaches. This translates to thousands of pounds in additional compensation annually across UK tribunals.
Key Provisions
The ACAS Code establishes minimum standards for handling disciplinary and grievance procedures. Understanding these requirements is critical because deviations often form the basis of tribunal claims.
Disciplinary Procedures
Written notification requirements: Employers must provide written details of alleged misconduct or poor performance before any formal meeting. This notification must include sufficient detail for the employee to understand the complaint and prepare a response. "Sufficient detail" means specific dates, times, locations, and descriptions of alleged incidents—not vague allegations like "poor attitude" or "unprofessional behavior."
Investigation obligations: Before proceeding to a disciplinary meeting, employers must carry out a reasonable investigation. The Code doesn't specify investigation length or methodology, but tribunals expect proportionality. Minor misconduct might require only brief fact-gathering, while gross misconduct allegations demand thorough evidence collection, witness interviews, and document review.
Meeting notice periods: Employees must receive reasonable advance notice of disciplinary meetings. While the Code doesn't specify exact timeframes, 48 hours is widely considered the minimum for standard cases. Complex allegations may require several days or weeks for preparation. The notice must include the meeting's purpose, potential consequences (including dismissal where relevant), and the employee's right to be accompanied.
Right to be accompanied: Employees have a statutory right to be accompanied by a colleague or trade union representative at formal disciplinary and grievance meetings. This right is absolute—employers cannot refuse it, though they can propose alternative companions if the chosen person is unavailable at the scheduled time.
Outcome notification: Following the meeting, employers must inform employees of their decision without unreasonable delay and confirm it in writing. The written decision must explain what disciplinary action (if any) will be taken, the reasons for it, the duration of any warning, and the right to appeal.
Appeal rights: Employees must be informed of their right to appeal against disciplinary decisions and told how to exercise this right. Appeals should be heard by someone more senior than the original decision-maker where possible, or at least someone not previously involved in the case.
Grievance Procedures
Written grievance requirement: Employees should raise grievances in writing where possible, setting out the nature of the complaint. This creates a clear record and prevents later disputes about what was raised. However, the Code acknowledges that verbal grievances may be appropriate in some circumstances.
Timely grievance meetings: Employers must arrange meetings without unreasonable delay after receiving a grievance. What constitutes "unreasonable delay" depends on circumstances, but tribunals typically expect meetings within 1-2 weeks unless there are genuine logistical obstacles.
Serious consideration: Employers must take grievances seriously, investigate if necessary, and allow employees to explain their concerns. Simply going through the motions without genuine consideration breaches the Code's spirit and often its letter.
Written responses: Employers must provide written responses to grievances, explaining their decision and the basis for it. This must happen without unreasonable delay following the grievance meeting.
What Counts as a Breach
Breaches of the ACAS Code occur when employers fail to follow these basic procedural steps. Tribunals distinguish between technical breaches with minimal impact and serious failures that fundamentally undermine fairness.
Example 1: Insufficient notice and detail
An employer emails an employee at 4pm saying "Meeting tomorrow at 9am to discuss your behavior. You may be dismissed." This breaches multiple Code requirements: inadequate notice (less than 24 hours), no specific details about alleged misconduct, and no information about the right to be accompanied. A tribunal would likely find this a significant breach warranting a compensation uplift.
Example 2: No investigation
An employer receives a customer complaint about an employee's rudeness, calls them to a disciplinary meeting the next day, and dismisses them based solely on the complaint without speaking to witnesses or reviewing any other evidence. This fundamental failure to investigate before deciding on disciplinary action constitutes a serious Code breach.
Example 3: Denial of accompaniment
An employee requests to be accompanied by their trade union representative at a disciplinary meeting. The employer refuses, stating "this is just an informal chat." If the meeting results in any disciplinary sanction, the employer has breached both the Code and the employee's statutory right under section 10 of the Employment Relations Act 1999.
The 25% Penalty
Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 gives tribunals discretionary power to adjust compensation by up to 25% where a party has unreasonably failed to comply with the ACAS Code. This applies to most employment tribunal claims except discrimination cases (though discrimination awards can still be adjusted if the claim also involves dismissal or other Code-relevant conduct).
The adjustment is "just and equitable," meaning tribunals consider the severity and impact of the breach, not just its existence. Minor technical breaches might warrant a 5% uplift, while serious or multiple failures often result in 15-25% increases.
Calculation Examples
Example 1: Basic unfair dismissal
An employee dismissed after two years' service claims unfair dismissal. The tribunal finds the dismissal substantively unfair and awards:
- Basic award: £10,000 (based on age, length of service, and weekly pay)
- Compensatory award: £25,000 (lost earnings, pension contributions, and loss of statutory rights)
- Total before adjustment: £35,000
The tribunal finds the employer failed to provide adequate notice of the disciplinary hearing and conducted no meaningful investigation—significant Code breaches. The tribunal applies a 20% uplift:
- Adjustment: £7,000 (£35,000 × 20%)
- Final award: £42,000
The employee receives £7,000 additional compensation solely due to procedural failures, even though the dismissal was already substantively unfair.
What to Document
If your employer breaches the ACAS Code, thorough documentation strengthens your tribunal claim and supports adjustment arguments. Think like an investigator—collect contemporaneous evidence that proves the breach and its impact.
Meeting notices and correspondence: Save all emails, letters, and messages relating to disciplinary or grievance processes. These prove what notice you received, what information was provided, and when. Screenshot messages if they arrive via text or WhatsApp.
Timeline records: Create a detailed chronology noting dates when you raised grievances, when meetings occurred, when you received responses, and any delays. This timeline demonstrates unreasonable delays or failures to respond.
Request confirmations in writing: If your employer makes verbal decisions or statements, follow up with emails confirming your understanding. For example: "Thank you for today's meeting. To confirm, you stated that [summary of key points]. Please let me know if I've misunderstood anything." If they don't correct your summary, it becomes evidence of what was said.
Common Employer Mistakes
Certain Code violations appear repeatedly in tribunal cases. Recognizing these patterns helps employees identify when their employer is failing to meet basic standards.
1. The "Informal Chat" Trap
Employers label potentially disciplinary meetings as "informal chats" or "welfare discussions," then use them to gather evidence or issue warnings. This tactic circumvents Code requirements for notice, accompaniment rights, and proper procedure. If any sanction results—even a verbal warning—the Code applies from the outset.
2. Inadequate Investigation
Many employers rush to disciplinary hearings based on initial allegations without investigating properly. Common failures include not interviewing witnesses, not reviewing available evidence like emails or CCTV, not asking the accused employee for their account before deciding on charges, and pre-judging guilt based on preliminary information.
3. Ignoring or Delaying Grievances
Employers frequently mishandle grievances by treating them as nuisances rather than legitimate concerns. Common mistakes include acknowledging grievances but never arranging meetings, delaying for weeks or months without justification, dismissing grievances without investigation or serious consideration, and failing to provide written responses explaining decisions.
Legal Disclaimer: This article provides general information about the ACAS Code of Practice and employment law principles. It is not legal advice and should not be relied upon as such. Employment law is complex and fact-specific. If you are facing workplace issues or considering tribunal claims, seek advice from a qualified employment solicitor or contact ACAS directly for free guidance tailored to your circumstances.
This article provides general information only. It is NOT legal advice. EmployLaw.ai is NOT a law firm and is NOT regulated by the Solicitors Regulation Authority (SRA). For specific legal advice, consult a qualified employment solicitor.