ACAS Code of Practice (discipline and grievances)

  • ACAS
two people with pens in suits pointing at a document
Peninsula Logo

Peninsula Group, HR and Health & Safety Experts

(Last updated )

The Acas Code of Practice on Disciplinary and Grievance Procedures provides essential guidelines for employment tribunals to follow during a disciplinary or grievance procedure.

The Acas Code of Practice on Disciplinary and Grievance Procedures provides essential guidelines for employment tribunals to follow during a disciplinary or grievance procedure. 

Although it is not formal legislation, employment tribunals are bound by law to follow to the authoritative advice given in the Code of Practice when qualifying a tribunal claim. 

What is the ACAS Code of Practice on Discipline and Grievances?

The ACAS Code of Practice on Discipline and Grievances sets clear parameters for both employers and employees to follow when handling these issues in the workplace.

It is the duty of the tribunal to ensure that both employer and employee have acted in accordance with the Code of Practice, and to use it as a direct reference point for best practice. 

What happens if you breach the ACAS Code of Practice on Discipline and Grievances?

In itself, breaching the Code of Practice does not make an employer liable to proceedings, but it could have the effect of adjusting the award.

For instance, if an employer is judged to have not acted in accordance with these guidelines in any way,  employee compensation may be increased by up to 25%.

Likewise, if an employee is judged to have not acted in accordance with these guidelines then their compensation may be decreased by up to 25%.

Disciplinary procedures

It is the duty of the tribunal to ensure that both employer and employee have acted in accordance with the Code of Practice, and to use it as a direct reference point for best practice. The following guidelines for disciplinary procedures are included in the Code of Practice:

  • Inform the employee of the issue and invite them to a disciplinary hearing
  • Hold the hearing 
  • Allow the employee the statutory right to be accompanied
  • Decide on appropriate action 
  • Inform the employee of the decision
  • Allow the right of appeal  

Grievance procedures

The following guidelines for grievance procedures are included in the Code of Practice:

  • Hold a grievance hearing to discuss the complaint 
  • Allow the employee the statutory right to be accompanied
  • Decide on appropriate action
  • Inform the employee of the decision
  • Allow the right of appeal  

Who are Acas?

The Advisory, Conciliation and Arbitration Service (Acas) is a non-departmental government body that aims to improve organisational welfare and working life by promoting employment best practice, particularly with regard to dispute resolution.   

If you still require professional HR and employment law support beyond these initial guidelines, Peninsula are here to provide comprehensive HR and employment law advice for businesses looking to shore up their disciplinary approach.

The law behind Acas Code of Practice

As stated above, there is no formal legislation covering the Acas Code of Practice. However, there are several aspects of the Employment Rights Act that relate to the advice provided within these guidelines, such as fair or unfair reasons for dismissal.

If ‘conduct’ was called into question, for instance, the tribunal would be required to follow the disciplinary procedure specific to this claim.

Summary

  • The Acas Code of Practice provides authoritative advice for employment tribunals to follow in order to ensure a sound and consistent procedure for disciplinaries and grievances.
  • Although the Code of Practice is not covered by formal legislation, tribunals are bound by law to refer to these guidelines when qualifying a claim. 
  • Failing to uphold these standards can result in the adjustment of a tribunal’s final verdict, such as levels of compensation due to be paid.

Get expert advice on Acas from Peninsula

Peninsula offers expert advice on Acas. Our teams provide 24/7 HR advice which is available 365 days a year. We take care of everything when you work with our HR experts.

Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.

Try Brainbox for free today

When AI meets 40 years of Peninsula expertise... you get instant, expert answers to your HR and Health & Safety questions

FAQs

Got a question? Check whether we’ve already answered it for you…

Related articles

  • a person writing on paper on a desk

    Guide

    Express Terms

    Read our guide where we'll discuss express terms, your legal obligations, and the legal consequences of breaching an employment contract.

    Peninsula TeamPeninsula Team
    • Employment Law
  • A pregnant employee at her desk with her laptop and phone.

    Guide

    Pregnant Employee Rights

    Read our guide where we'll discuss pregnant employees, statutory maternity pay and antenatal appointments, as well as your legal obligations.

    Peninsula Team Peninsula Team
    • Employment Law
  • someone making notes on a computer

    Guide

    Payroll Mistakes Affect 47% of Employees

    Almost half of UK employees have received a late or incorrect wage, while payroll professionals spend a large part of their month correcting errors.

    Peninsula GroupHR and Health & Safety Experts
    • Business Advice
Back to resource hub

Try Brainbox for free today

When AI meets 40 years of Peninsula expertise... you get instant, expert answers to your HR and Health & Safety questions

Sign up to our newsletter

Get the latest news & tips that matter most to your business in our monthly newsletter.

International sites

© 2023 Peninsula Business Services Limited. Registered Office: The Peninsula, Victoria Place, Manchester, M4 4FB. Registered in England and Wales No: 1702759. Peninsula Business Services Limited is authorised and regulated by the Financial Conduct Authority for the sale of non-investment insurance contracts.

Cyber Essential Logo
BAFE SP205 Registration
ISO 27001 and 9001 accredited company.
The Sunday Times - Top Track 250.
Glassdoor 2018 Best Places To Work.