Disciplinary and Grievance Procedures: The ACAS Code
How the ACAS Code of Practice shapes a fair disciplinary or grievance process, the right to be accompanied, and how it affects tribunal compensation.
Why process matters
In unfair dismissal, the tribunal looks not only at the reason for dismissal but at whether the employer acted reasonably, which includes the process. A genuine reason handled through a bad process can still be an unfair dismissal. The benchmark for that process is the ACAS Code of Practice.
The compensation adjustment
The ACAS Code has real financial weight. Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, where a claim succeeds:
- an unreasonable failure by the employer to follow the Code can increase compensation by up to 25%; and
- an unreasonable failure by the employee to follow it can reduce compensation by up to 25%.
What a fair disciplinary process involves
- A reasonable investigation to establish the facts.
- Written notification of the allegations and the possible consequences.
- A hearing where you can respond, with reasonable notice and the evidence.
- The right to be accompanied by a colleague or union representative.
- A reasonable, consistent decision by an appropriate person.
- A right of appeal to someone not previously involved where possible.
Raising a grievance
A grievance is the mirror image: you put your complaint in writing, the employer holds a meeting, gives an outcome, and offers an appeal. A serious grievance that the employer fails to deal with can also support a constructive dismissal position, so how and when you raise it matters.
Facts to organise
- The allegation or grievance, and the dates of each step.
- The invitation letters, evidence pack, and any notes of meetings.
- Whether you were allowed to be accompanied.
- The decision, the reasons given, and the appeal outcome.
- Where the process departed from the ACAS Code.
How TribunalKit supports this draft
TribunalKit asks structured questions about the reason, the procedure, and the appeal, and produces a source-linked draft where the procedural points trace back to your answers. You review the accuracy and filing position before use.
Product page: TribunalKit unfair dismissal builder.
FAQ
What is the ACAS Code of Practice?+
The ACAS Code of Practice on Disciplinary and Grievance Procedures sets the minimum fair process employers and employees are expected to follow. Employment Tribunals take it into account when deciding whether a dismissal was fair.
What happens if my employer ignored the ACAS Code?+
Where a claim succeeds and the employer unreasonably failed to follow the Code, a tribunal can increase the compensation by up to 25%. If the employee unreasonably failed to follow it, compensation can be reduced by up to 25%.
Do I have the right to be accompanied?+
Yes. At a formal disciplinary or grievance hearing you generally have a statutory right to be accompanied by a colleague or a trade union representative.
What does a fair disciplinary process look like?+
In outline: a proper investigation, written notification of the allegations, a hearing at which you can respond, a reasonable decision, and the right to appeal. Missing these steps can make a dismissal procedurally unfair.
Can TribunalKit tell me if my process was unfair?+
No. TribunalKit organises a draft from your own facts. It does not assess fairness or give legal advice.