Workplace process
Acas Code of Practice: Discipline and Grievance Guide
Understand when the Acas disciplinary and grievance Code applies, the minimum fairness principles and how non-compliance can affect compensation.
Last updated 17 August 2026
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What is the Acas Code of Practice?
The statutory Acas Code sets basic principles for fair disciplinary and grievance procedures. Employment Tribunals take it into account in relevant cases, although a failure to follow it does not by itself create a standalone claim.
The Code applies across England, Scotland and Wales. Your employer may also have its own disciplinary or grievance procedure with additional steps and timescales.
Which Acas Code of Practice applies?
Acas publishes several statutory Codes. Choose the Code by the process involved rather than assuming the disciplinary and grievance Code covers every workplace issue.
| Acas Code | When it is relevant |
|---|---|
| Code 1: Disciplinary and grievance procedures | Misconduct, suitably adapted capability processes, employee grievances and related appeals. |
| Code 2: Disclosure of information to trade unions | Information supplied for collective-bargaining purposes. |
| Code 3: Time off for trade union duties and activities | Paid or unpaid time off connected with qualifying trade union duties and activities. |
| Code 4: Settlement agreements | The process and safeguards for negotiating settlement agreements. |
| Code 5: Requests for flexible working | Handling statutory flexible-working requests and appeals. |
When the disciplinary and grievance Code applies
| Generally within scope | Generally outside this Code |
|---|---|
| Misconduct disciplinary action | Redundancy dismissals |
| Poor performance or capability, with suitable adaptation | Expiry of a fixed-term contract without renewal |
| Employee grievances about workplace concerns | Every informal conversation before a formal process begins |
| Disciplinary and grievance appeals | Settlement-agreement negotiations, which have a separate Acas Code |
Core disciplinary principles
- 01
Investigate the facts
Carry out a necessary and proportionate investigation before deciding the outcome.
- 02
Explain the case
Tell the employee the allegation and possible consequences and provide a fair opportunity to prepare.
- 03
Hold a meeting and hear the response
Allow the employee to answer the allegations, present evidence and use applicable accompaniment rights.
- 04
Give a reasoned outcome
Confirm the decision, reasons, sanction and relevant dates in writing.
- 05
Offer an impartial appeal
Hear the appeal without unreasonable delay and, where possible, use someone not previously involved.
Core grievance principles
- 01
Raise the grievance in writing
Set out the nature of the complaint and the facts the employer needs to investigate.
- 02
Meet without unreasonable delay
The employer should allow the employee to explain the grievance and consider relevant evidence.
- 03
Provide a written decision
Confirm the outcome and any action the employer proposes to take.
- 04
Allow an appeal
The employee should be able to explain why the outcome or process is disputed.
The possible 25% compensation adjustment
In relevant successful claims, a Tribunal can increase or reduce an award by up to 25% where an employer or employee unreasonably failed to comply with the Code. The adjustment is not automatic and does not create compensation where no qualifying claim succeeds.
Record the particular Code step that was missed, why the failure was unreasonable and how it related to the dispute. Avoid assuming that every flaw attracts the maximum adjustment.
Acas Code questions
Must an employer follow its own procedure as well as the Code?
The Code is a minimum statutory framework. Contractual or published procedures can create additional expectations and should be checked separately.
Does the Code apply to redundancy?
The disciplinary and grievance Code does not apply to redundancy dismissals or non-renewal of fixed-term contracts on expiry, although other consultation and fairness duties may apply.
Does a Code breach automatically win a claim?
No. A claimant still needs a valid legal claim. The Code can be relevant to fairness and, in qualifying successful cases, an award adjustment.
