What is the ACAS code of practice?

HR professionals are typically familiar with the ACAS codes of practice. However, many employers may not fully understand what the codes are or appreciate their relevance and legal implications. Similarly, employees, or individuals considering bringing an Employment Tribunal claim, may be unaware that the ACAS codes of practice exist. A common question is: what is the ACAS code of practice and why does it matter?

This guidance is intended for employers, HR teams, and individuals seeking to understand the practical and legal significance of the ACAS codes of practice and how they affect how issues should be handled.

Although there is often reference to the ACAS code of practice, the Advisory, Conciliation and Arbitration Service (ACAS) has issued a number of codes of practice covering different aspects of employment relations. This blog will focus on the ACAS Code of Practice on Disciplinary and Grievance Procedures. The Code sets out principles and practical steps for handling disciplinary and grievance issues fairly.

Legal status of ACAS codes of practice and Employment Tribunal implications

 

Employment tribunals are required to take the Code into account when it is relevant to the issues being decided. If an employer unreasonably fails to follow the Code, a tribunal may increase any compensation awarded to an employee by up to 25 percent. Conversely, if an employee unreasonably fails to comply with the Code, compensation may be reduced by up to 25 percent.

In addition to the implications for potential compensation, a failure to act fairly (in accordance with the code) may result in the individual pursuing an Employment Tribunal claim such as unfair dismissal.

Disciplinary procedures under the ACAS codes of practice

 

Disciplinary procedures relate to an employee’s conduct. The Code sets out a structured process that typically includes an investigation and (if necessary) a disciplinary hearing and an appeal.

The code sets out how the investigation should be approached and gives guidance on what information should be provided to the person concerned, and when that should be. Essentially, a reasonable investigation should be carried out to establish the facts before taking any disciplinary action. Depending on the circumstances, the investigation may involve interviewing witnesses, reviewing documents, and gathering relevant evidence etc.

Following the investigation, and if that investigation indicates that the matter should progress to a disciplinary hearing, the employee should be invited to a disciplinary hearing where the allegations are explained, and they are given a proper opportunity to respond. The employee has the right to be accompanied by a trade union representative or a colleague to a disciplinary hearing. After the hearing, the employer should communicate the decision in writing and offer the right to appeal.

Grievance procedures under the ACAS codes of practices

 

Grievance procedures relate to concerns raised by employees about their working conditions, treatment by colleagues or managers, or other workplace issues. For more information on reasons to file a grievance at work, read our blog. The Code encourages employees to raise grievances in writing and employers to respond promptly. A grievance meeting should be held to discuss the issue, allowing the employee to explain their concerns and the organisation should explain next steps.

Informal resolution and early intervention

 

The ACAS Code recognises that it may be appropriate to address matters informally without the need for disciplinary processes and potential sanctions. For example, minor issues could potentially be addressed through conversation, coaching, or mediation. For more information on what is mediation at work? Read our blog.

Informal resolution can preserve working relationships, reduce stress, and save time and resources. However, employers must be careful to document informal discussions and ensure that employees understand the distinction between informal guidance and formal disciplinary action.

Investigations and evidence gathering

 

A fair and thorough investigation is a cornerstone of the ACAS Code. Employers are expected to gather relevant evidence and consider all available information before making decisions. Investigations should be conducted by individuals who are impartial and, where possible, not directly involved in the matter.

The Code does not prescribe a specific method for investigations, allowing organisations flexibility. However, it expects employers to act reasonably, avoid unnecessary delays, and ensure that employees are informed of the allegations and the process.

Appeals and the ACAS code of practice

 

The ACAS Code makes it clear that employees should be provided with a right of appeal against disciplinary or grievance decisions. Where possible, appeals should be heard by someone who was not involved in the original decision, to ensure impartiality. The appeal process allows errors to be corrected and demonstrates a commitment to handling issues fairly.

Interaction with Acas codes of practice, employment contracts and policies

 

The ACAS Code does not replace an organisation’s disciplinary and grievance policies but complements them. Employers should ensure that their policies align with the principles of the Code and are communicated clearly to employees. Policies should be accessible, regularly reviewed, and consistently applied. Professional advisors can help align internal policies with the Code and best practice.

Role of professional advisors

 

In practice, the application of the ACAS codes of practice often requires specialist judgment, particularly where there are complex disciplinary or grievance issues. For example, does the individual have a disability? If so, do adjustments need to be made to the process?

Specialist advisors can support organisations by drafting and updating disciplinary and grievance policies, managing sensitive investigations, overseeing hearings, and advising on complex issues.

Tailoring the ACAS codes of practice to organisational needs

 

The ACAS Code is deliberately flexible, allowing organisations to tailor procedures to their size, sector, and risk profile. Small businesses may adopt simplified processes, while larger organisations may implement more formal frameworks. Professional advisors can help organisations design proportionate procedures that meet legal requirements without unnecessary bureaucracy.

Training and managerial capability

 

Effective implementation of the ACAS Code depends on managers receiving the right training and support.  For example, it is important that managers must understand their responsibilities, know how to conduct investigations, and communicate effectively with employees. Training is essential to ensure managers apply procedures consistently and confidently.

Professional advisors can deliver tailored training programmes, guidance materials, and ongoing support to address organisational needs.

Alternative dispute resolution and mediation

 

The ACAS Code encourages resolution of disputes at the earliest stage. Mediation can be an effective tool for resolving interpersonal conflicts, or breakdowns in working relationships. Professional advice can increase the likelihood of the process being effective.

Practical steps for employers

 

Employers seeking to comply with the ACAS codes of practice should start by reviewing their existing policies and procedures to ensure alignment with current guidance and best practice. This includes confirming that policies are up to date, clearly drafted, and accessible to all employees.

Professional advice may be helpful to audit existing procedures and ensure compliance with best practices. Advisors can also deliver manager training, draft documentation, and offer ongoing case-by-case support, enabling organisations to manage people issues with confidence and consistency.

Common pitfalls and how to avoid them

 

Common pitfalls include failing to investigate thoroughly, delaying procedures, denying the right to be accompanied, and documenting decisions poorly. Another frequent issue is inconsistency, where similar cases are treated differently without justification. These pitfalls can undermine fairness and increase the likelihood of an Employment Tribunal claim.

Professional advisors can help organisations identify and address these risks, ensuring procedures are applied consistently and fairly.

Plotkin & Chandler works exclusively in the areas of HR and employment law.

If you are an employer who would like advice on disciplinary or grievance matters, you would like to discuss training for your organisation or you need assistance on defending an Employment Tribunal claim, we can help.

If you are an employee and believe you have been treated unfairly and would like to discuss next steps, we can help. Please contact us on 020 3923 8616 to discuss your needs and requirements or email us on info@plotkinandchandler.com