The ACAS Code of Practice on disciplinary and grievance procedures

The Acas Code of Practice is the minimum an employer should follow when handling discipline and grievances. It is not a statute, and breaking it is not an offence, but an employment tribunal takes it into account. In relevant cases the tribunal can raise or lower an award by up to 25 per cent if a party unreasonably fails to follow it. Public sector employers draw up their own policies, and the Code is the baseline those policies are measured against.

What the Code is and who it covers

Acas published the Code on 11 March 2015. Its page says it mainly applies to anyone legally classed as an employee, and that employers might want to use the same procedure for workers. If a case reaches a tribunal, the employer’s procedure and the employee’s own actions are taken into account. Acas has said it plans to update the Code to promote early resolution of concerns, and a draft has gone out for consultation, so check the Acas page for the current version.

Your employer’s own policy sits on top of the Code. Disciplinary procedures in the public sector and grievance procedures describe how those policies usually look.

What it asks employers to do in discipline

The Code sets out a sequence, and each step is something you can check was done:

1. Investigate without unreasonable delay. An investigatory meeting may be part of that.
2. If there is a case to answer, tell the employee in writing, with enough detail to prepare a response. Written evidence should normally be included.
3. Hold a meeting at which the employee can set out their case and answer the allegations.
4. Allow a companion. Workers have a statutory right to bring one to a disciplinary meeting that could lead to a warning or other action, and to appeal hearings.
5. Tell the employee the decision and let them appeal a formal decision.

On suspension, the Code says that where it is considered necessary with pay, it should be as brief as possible and clearly stated to be not a disciplinary action. Suspension from work covers the Acas guidance in more detail.

Grievances

For grievances the Code asks the employee to raise the matter formally and without unreasonable delay, in writing, with a manager who is not the subject of the complaint. The employer should arrange a formal meeting promptly, where you explain the grievance and how you think it should be resolved. It then decides what action to take, tells you in writing and says you can appeal. Appeals should be heard impartially, ideally by a manager not previously involved.

You have a statutory right to be accompanied where the complaint concerns a duty the employer owes you, such as honouring your contract or complying with legislation. A companion can sum up your case and confer with you, but cannot answer questions for you. If a grievance is raised during a disciplinary process, the Code says the disciplinary process may be paused so the grievance can be dealt with, or the two can be heard together if they are related.

The 25 per cent adjustment

The foreword says a tribunal can adjust awards in relevant cases by up to 25 per cent where there is an unreasonable failure to comply with any provision of the Code. It works in both directions. An employer’s unreasonable failure can increase an award, and an employee’s can reduce it. The Code does not create liability by itself, so the adjustment applies only to an award a tribunal has already decided to make.

Using the Code in practice

If you are the employee, the Code works as a checklist. Ask for the allegations in writing, ask for the evidence, check you have been told of your right to a companion, and ask for the appeal route. Raise any gaps in writing at the time instead of at a tribunal later.

If you are bringing a claim, the Code is part of the story the tribunal hears, so keep dated copies of letters and meeting invitations. Before a tribunal claim you must also go through Acas, which is covered in early conciliation.

Your trade union representative or the Acas helpline can tell you whether your employer has followed the Code in your case. For the legal detail, the full text is on the Acas site and sets out numbered paragraphs for each step.