The Acas Code of Practice on disciplinary and grievance procedures sets out the minimum standards that employers and employees should follow when dealing with workplace misconduct, poor performance and formal complaints.
The Code is not legislation in itself, and failing to follow it does not automatically make an employer legally liable. However, an employment tribunal must consider the Code in relevant cases and may increase or reduce compensation by up to 25% where an employer or employee has unreasonably failed to comply with it.
For employers, the safest approach is to investigate fairly, explain the allegations or complaint clearly, hold an appropriate meeting, allow accompaniment where required, confirm decisions in writing and provide a genuine right of appeal.
What Is the Acas Code of Practice on Disciplinary and Grievance Procedures?
The Acas Code is a statutory workplace code containing practical principles for handling:
- Employee misconduct
- Unsatisfactory performance or capability concerns
- Formal disciplinary action
- Individual employee grievances
- Disciplinary and grievance appeals
The current Code was published on 11 March 2015 and replaced the earlier 2009 version. As of 16 July 2026, it remains the applicable Acas Code for disciplinary and grievance procedures in Great Britain.
The complete statutory Acas Code contains 47 numbered provisions covering disciplinary cases, grievance complaints and appeals.
The Code establishes a minimum standard rather than a rigid process that must look identical in every organisation. A small business may not have the same HR resources as a national employer, but it is still expected to act fairly, consistently and reasonably.
What Is the Main Purpose of the Acas Code?
The purpose of the Code is to ensure that workplace problems are handled transparently and fairly.
Its central principles require employers and employees to:
- Raise and address issues promptly
- Avoid unreasonable delays
- Act consistently
- Investigate the relevant facts
- Explain the case or complaint clearly
- Give the employee an opportunity to respond
- Allow accompaniment at qualifying formal meetings
- Provide a right of appeal
Employers should have clear written procedures and make sure employees know where those procedures can be found. The Code also encourages informal resolution where this is appropriate, because many workplace disagreements can be resolved before a formal process becomes necessary.
Is the Acas Code Legally Binding?
The Acas Code is not legally binding in the same way as an Act of Parliament. A person cannot normally bring a standalone employment tribunal claim solely because the Code was breached.
However, the Code still has significant legal importance.
An employment tribunal must take it into account when deciding relevant cases. If an employer unreasonably fails to follow it, the tribunal may increase a relevant compensation award by up to 25%. If an employee unreasonably fails to follow it, the tribunal may reduce an award by up to 25%.
For example, an employer could be exposed to an increased award if it:
- Dismisses an employee without a reasonable investigation
- Does not explain the allegations before the hearing
- Refuses a qualifying request for accompaniment
- Prevents the employee from responding to evidence
- Fails to offer an appeal
- Delays the procedure without a reasonable explanation
The government’s guidance for employers taking disciplinary action confirms that not following the Code is not automatically illegal, but a successful tribunal claimant could receive an award increased by up to 25%.
Which Situations Does the Acas Code Cover?
The Code generally applies to individual workplace cases involving misconduct, performance and grievances.
| Situation | Is it normally covered? |
| Employee misconduct | Yes |
| Persistent lateness or unauthorised absence | Yes |
| Poor performance | Yes |
| Capability concerns | Yes |
| Bullying or harassment complaints | Usually |
| Complaints about pay or contractual rights | Yes |
| Individual discrimination grievance | Yes |
| Disciplinary dismissal | Yes |
| Gross misconduct dismissal | Yes |
| Redundancy dismissal | No |
| Expiry of a fixed-term contract | No |
| Collective grievance raised by a trade union | Not generally under this individual Code |
Poor performance may be handled through a separate capability procedure rather than a disciplinary procedure. However, the employer should still apply the Code’s basic principles of fairness.
The Code expressly excludes redundancy dismissals and the non-renewal of fixed-term contracts when those contracts reach their agreed expiry date.
Does the Code Apply to Workers and Self-Employed Contractors?
Acas states that the Code mainly applies to people with the legal status of employee. However, particular statutory rights, including the right to be accompanied at qualifying hearings, can apply more broadly to workers.
Employers should consider using the same fair principles for other workers even where the Code may not strictly apply. An unfair process could still create risks involving discrimination, contractual rights, whistleblowing or another area of employment law.
A genuinely self-employed contractor will not usually be covered in the same way as an employee. However, employment status depends on the reality of the working arrangement rather than only the wording used in a contract. The distinction is explained further in this guide to how sole trader and self-employed status differ.
Someone can also be an employee in their main job while running a separate business. In that situation, the Code can apply to the employed role even though the person has self-employed income elsewhere. They may separately need to check whether a side hustle must be disclosed to their employer.
What Is a Fair Disciplinary Procedure Under the Acas Code?
A fair disciplinary process normally contains six main stages.
1. Consider Whether the Matter Can Be Resolved Informally
Not every performance problem or instance of minor misconduct requires a formal hearing.
For a relatively minor issue, a manager might begin by:
- Speaking privately with the employee
- Explaining the concern
- Listening to the employee’s explanation
- Agreeing the improvement required
- Offering training, coaching or additional support
- Recording what was discussed
The employer should make it clear whether the conversation is informal. An informal discussion should not be described as a formal warning unless the proper disciplinary procedure has been followed.
For performance concerns, support and reasonable opportunities to improve should normally be considered before formal disciplinary action begins. Acas recommends measures such as mentoring, coaching and training where these may address the problem.
2. Carry Out a Reasonable Investigation
When formal action may be necessary, the employer should investigate without unreasonable delay.
The investigation should gather relevant evidence from all sides rather than simply looking for material that supports the allegation. Depending on the case, this may include:
- Emails and workplace messages
- Attendance or performance records
- CCTV or access records
- Company documents
- Witness accounts
- Interviews with the employee and other relevant people
- Evidence offered by the employee
The purpose of the investigation is to establish whether there is a disciplinary case to answer. It is not normally the stage at which a disciplinary sanction should be imposed.
Where practicable, different people should conduct the investigation and the disciplinary hearing. This helps reduce actual or perceived bias.
Acas warns that decisions reached without a reasonable investigation are likely to be unfair and may expose the employer to legal action. Its current workplace investigation guidance explains how evidence should be gathered and assessed.
3. Notify the Employee in Writing
If the investigation identifies a disciplinary case to answer, the employer should write to the employee.
The notification should provide enough information for the employee to understand and prepare for the case. It should normally include:
- The specific allegations
- Relevant dates, incidents and circumstances
- Whether the issue concerns misconduct, capability or performance
- Copies of relevant evidence
- The possible consequences
- The date, time and location of the hearing
- The right to be accompanied
Vague statements such as “concerns have been raised about your behaviour” may be insufficient. The employee needs to know what they are alleged to have done and what evidence will be considered.
The employer should also give the employee reasonable time to prepare before the hearing.
4. Hold a Disciplinary Hearing
At the hearing, the employer should explain the allegations and take the employee through the evidence.
The employee should be given a meaningful opportunity to:
- Respond to each allegation
- Explain their version of events
- Challenge disputed evidence
- Ask relevant questions
- Present their own documents
- Identify relevant witnesses
- Explain any mitigating circumstances
A decision should not have been predetermined before the employee is heard.
If new and significant evidence emerges during the meeting, it may be appropriate to adjourn the hearing, investigate further and give the employee an opportunity to consider the new material.
5. Decide What Action Is Reasonable
After considering the evidence and the employee’s response, the employer should decide whether disciplinary action is justified.
Possible outcomes include:
- No further action
- Informal guidance
- A first written warning
- A final written warning
- Another contractual sanction
- Dismissal with notice
- Dismissal without notice for substantiated gross misconduct
A warning should explain:
- The misconduct or performance issue
- The improvement required
- The period allowed for improvement
- How long the warning will remain active
- The consequences of further misconduct or insufficient improvement
It is usual for misconduct or poor performance to result first in a written warning and then a final written warning if the problem continues. However, sufficiently serious conduct may justify moving directly to a final written warning.
Any sanction must be reasonable, proportionate and consistent with the employer’s policy and its treatment of comparable cases. The outcome should be confirmed in writing without unreasonable delay.
6. Provide a Genuine Right of Appeal
An employee who considers the disciplinary decision wrong or unjust should be able to appeal.
The employer may ask the employee to explain the grounds of appeal in writing. Common grounds include:
- The evidence did not support the finding
- The investigation was incomplete
- The sanction was disproportionate
- The procedure was unfair
- New evidence has become available
- Similar cases were handled differently
The appeal should be considered impartially and, wherever possible, by a manager who was not previously involved.
The appeal outcome should be communicated in writing as soon as reasonably possible. Employees also have a statutory right to be accompanied at qualifying disciplinary appeal hearings.
What Is a Fair Grievance Procedure Under the Acas Code?
A grievance is a concern, problem or complaint that an employee raises with their employer.
Examples include complaints about:
- Pay or working hours
- Bullying or harassment
- Discrimination
- Unsafe working practices
- Management treatment
- Contractual rights
- Workload or responsibilities
- Unfair workplace decisions
The grievance process normally involves the following stages.
Raise the Matter Informally Where Appropriate
An employee may first speak to a manager or HR representative to see whether the problem can be resolved informally.
Informal resolution may not be suitable where the complaint is particularly serious, involves harassment or discrimination, concerns a senior manager, or has already been raised without a satisfactory response.
Submit the Formal Grievance in Writing
If informal action is unsuccessful or inappropriate, the employee should raise the grievance formally and without unreasonable delay.
The grievance should normally explain:
- What happened
- Who was involved
- Relevant dates and locations
- Any witnesses or supporting evidence
- Previous attempts to resolve the issue
- The outcome the employee is seeking
The grievance should be sent to a manager who is not the subject of the complaint. Employers should provide an alternative contact where the employee’s normal manager is involved.
Employees who need help structuring their complaint can use the formal grievance letter template provided by Acas.
Hold a Grievance Meeting
The employer should arrange a meeting without unreasonable delay.
During the meeting, the employee should be allowed to explain the grievance fully and describe how they believe it could be resolved.
The employer should listen with an open mind and ask questions intended to clarify the facts. Where further investigation is needed, the meeting can be adjourned while evidence is gathered or witnesses are interviewed.
Investigate and Confirm the Decision
After considering the grievance and completing any necessary investigation, the employer should decide what action to take.
The outcome should be confirmed in writing and may include:
- Upholding the grievance
- Partially upholding it
- Rejecting it
- Changing a workplace decision
- Correcting pay or contractual arrangements
- Starting a separate disciplinary investigation
- Providing training or mediation
- Changing reporting arrangements
- Taking steps to prevent the issue recurring
The employer does not always have to disclose confidential disciplinary action taken against another employee. However, the person who raised the grievance should receive a meaningful explanation of the findings and any appropriate steps being taken.
Allow an Appeal
If the employee is dissatisfied with the decision, they should be allowed to appeal in writing without unreasonable delay.
The appeal should be handled impartially and, where possible, by someone who was not previously involved. The final decision should then be confirmed in writing.
The government’s guidance on handling employee grievances also recommends written procedures, clear time limits, accompaniment and an appeal process.
Who Can Accompany an Employee at a Disciplinary or Grievance Meeting?
At qualifying formal disciplinary and grievance meetings, a worker may make a reasonable request to be accompanied by:
- A workplace colleague
- A trade union representative
- An official employed by a trade union
The statutory right does not normally give the employee an unrestricted choice of friend, family member or solicitor. An employer’s own policy may allow a wider category of companion, and additional flexibility may be appropriate in exceptional circumstances.
The companion can:
- Address the meeting
- Present and summarise the worker’s case
- Respond to points made during the meeting
- Confer privately with the worker
The companion does not have an automatic right to:
- Answer every question for the worker
- Speak when the worker does not want them to
- Prevent the employer from presenting its case
If the chosen companion cannot attend at the proposed time, the employer must postpone the hearing to a reasonable alternative time proposed by the worker, provided it is no more than five working days after the original date.
Can an Employee Be Suspended During an Investigation?
An employer may consider suspension where it is genuinely necessary, but suspension should not be automatic.
It may be considered where there is a credible risk that the employee could:
- Interfere with evidence
- Influence witnesses
- Repeat serious alleged misconduct
- Create a safety risk
- Disrupt the investigation
- Cause serious business or reputational harm
The employer should first consider alternatives, such as changing duties, restricting system access, changing shifts or temporarily relocating the employee.
Where suspension is used, the Code says it should normally:
- Be with pay
- Last for as short a period as possible
- Be reviewed regularly
- Be described as a neutral measure
- Not be treated as disciplinary action
The employer should not imply that guilt has already been established. Acas provides additional guidance on when suspension during an investigation may be appropriate.
Does Gross Misconduct Allow an Employer to Skip the Procedure?
No. Alleged gross misconduct does not remove the need for a fair investigation and disciplinary hearing.
Gross misconduct may justify dismissal without notice where the allegation is substantiated and dismissal falls within the range of reasonable responses. Examples may include theft, fraud, serious violence, gross negligence or serious insubordination.
However, an employer should still:
- Investigate the allegation.
- Inform the employee of the case in writing.
- Provide the relevant evidence.
- Hold a disciplinary hearing.
- Consider the employee’s response.
- Confirm the decision and reasons.
- Offer an appeal.
Acas expressly states that a fair disciplinary procedure should be followed before dismissal for gross misconduct.
What Happens When a Grievance Is Raised During Disciplinary Action?
An employee may raise a grievance while a disciplinary process is already underway.
The employer must decide whether to:
- Temporarily suspend the disciplinary procedure and address the grievance first
- Investigate both matters together
- Continue the disciplinary procedure while managing the grievance separately
The correct approach depends on how closely the two matters are connected.
For example, if the employee alleges that the disciplinary investigator discriminated against them or fabricated evidence, it may be appropriate to pause the disciplinary process while that complaint is considered.
Where the grievance concerns a separate workplace matter with no material effect on the disciplinary allegations, both procedures may be able to continue independently.
The employer should explain its decision and avoid using the existence of a grievance as evidence of misconduct.
How Should Discrimination or Harassment Complaints Be Handled?
A discrimination or harassment complaint may be managed under the grievance procedure, a separate dignity-at-work procedure or a specific harassment policy.
The employer should still follow the basic fairness principles in the Acas Code. It must also consider its separate duties under the Equality Act 2010.
This may require the employer to:
- Take complaints seriously
- Protect the complainant from victimisation
- Investigate impartially
- Preserve relevant evidence
- Maintain appropriate confidentiality
- Make reasonable adjustments for disabled participants
- Consider the safety and wellbeing of everyone involved
- Take proportionate preventative and corrective action
The Equality and Human Rights Commission’s guidance on dealing with workplace discrimination complaints explains why employers should have effective procedures and respond even where concerns were initially raised informally.
What Records Should an Employer Keep?
Employers should keep an appropriate written record of disciplinary and grievance cases.
Records may include:
- The original allegation or grievance
- Investigation plans
- Notes of interviews
- Documentary evidence
- Meeting invitations
- Correspondence about accompaniment
- Hearing notes
- Decisions and reasons
- Warning letters
- Appeal documents
- The final appeal outcome
Records should be accurate, relevant and securely stored. Access should be limited to people who genuinely need the information.
Employers must also comply with data protection requirements and should not retain personal information for longer than necessary. Confidentiality should be respected, but an employer should not promise absolute secrecy where information must be shared to conduct a fair investigation.
What Common Mistakes Breach the Principles of the Acas Code?
Common procedural failures include:
- Deciding the outcome before investigating
- Using vague or changing allegations
- Withholding important evidence
- Allowing the complainant to determine the sanction
- Using the same manager at every stage when alternatives are available
- Treating suspension as punishment
- Refusing a qualifying companion
- Giving the employee insufficient preparation time
- Ignoring evidence supporting the employee
- Applying different sanctions to comparable cases without explanation
- Dismissing immediately for alleged gross misconduct
- Failing to confirm decisions in writing
- Preventing or discouraging an appeal
- Allowing the procedure to drift for weeks or months without explanation
An employer does not necessarily breach the Code because every stage takes time. Complex investigations may require several weeks or longer. The important question is whether delays are reasonable, explained and actively managed.
Practical Example of a Code-Compliant Disciplinary Procedure
A small business receives a complaint that an employee altered customer records without authorisation.
The employer should not dismiss the employee immediately based only on the complaint.
A reasonable process might involve:
- Securing relevant system records.
- Interviewing the person who reported the concern.
- Meeting the employee as part of the investigation.
- Considering whether temporary access restrictions are sufficient instead of suspension.
- Deciding whether there is a disciplinary case to answer.
- Sending the employee the specific allegations and evidence.
- Holding a hearing after allowing preparation time.
- Letting the employee explain whether the changes were authorised or accidental.
- Considering the evidence and any mitigating factors.
- Confirming the outcome and reasons in writing.
- Providing an appeal heard by another manager where possible.
This does not guarantee that the employer’s decision cannot be challenged. It does, however, demonstrate a structured attempt to establish the facts and reach a reasonable conclusion.
What Should an Employee Do When Facing Disciplinary Action?
An employee who receives a disciplinary invitation should:
- Read the allegations carefully
- Request any missing evidence
- Check the employer’s disciplinary policy
- Prepare a clear timeline
- Collect supporting documents
- Identify relevant witnesses
- Arrange an eligible companion
- Attend the hearing where reasonably possible
- Explain mitigating circumstances
- Take notes
- Ask for the decision in writing
- Appeal promptly if the outcome appears unfair
The employee should avoid resigning impulsively or missing meetings without explanation. Resignation, constructive dismissal and tribunal limitation issues can be legally complex, so individual advice may be needed before taking irreversible action.
What Should an Employee Do When Raising a Grievance?
An employee raising a grievance should provide a factual and organised account.
The written complaint should distinguish between:
- What the employee personally witnessed
- What another person reported
- What can be supported by documents
- What remains an assumption or concern
- What outcome the employee is requesting
Relevant emails, messages, payslips, rotas, contracts or meeting notes should be preserved.
Employees should also remember that internal grievance procedures do not normally extend employment tribunal deadlines. GOV.UK currently advises that most employment tribunal claims must be started within a short time, usually three months from the employment ending or the relevant incident, and Acas must generally be notified before a claim is submitted. The limitation period is paused during Acas early conciliation.
Acas Disciplinary and Grievance Checklist for Employers
Before completing a formal process, an employer should check:
- Is there a clear written policy?
- Has informal resolution been considered?
- Has a reasonable and balanced investigation taken place?
- Are the allegations specific?
- Has the employee received the relevant evidence?
- Has reasonable preparation time been provided?
- Has the right to accompaniment been explained?
- Has the employee been allowed to respond fully?
- Have mitigating circumstances been considered?
- Is the proposed outcome consistent and proportionate?
- Has the decision been confirmed in writing?
- Has a genuine appeal been offered?
- Have delays been avoided or explained?
- Have equality and reasonable-adjustment duties been considered?
- Have appropriate records been retained?
Final Summary
The Acas Code of Practice on disciplinary and grievance procedures is the central benchmark for fair workplace dispute handling in England, Scotland and Wales.
It requires employers to investigate properly, explain the case, listen to the employee, allow qualifying accompaniment, reach a reasonable written decision and provide an appeal. Employees are expected to raise concerns promptly, attend meetings where reasonably possible and use the available appeal process.
Although the Code is not a standalone law, ignoring it can materially increase legal and financial risk. A fair procedure does not require unnecessary formality, but it does require an open mind, reliable evidence, consistent treatment and a genuine opportunity for each person to be heard.
Frequently Asked Questions
Is the Acas Code mandatory for every UK employer?
The Code is not legislation that creates an automatic claim whenever it is breached. Nevertheless, employment tribunals must consider it in relevant cases, and unreasonable non-compliance can affect compensation by up to 25%. Employers should therefore treat it as the minimum standard for fair disciplinary and grievance procedures.
Does the Acas Code apply to Northern Ireland?
Acas operates in England, Scotland and Wales. Northern Ireland has a separate employment-law system and workplace dispute services provided through the Labour Relations Agency. Employers and workers in Northern Ireland should use the applicable Northern Irish rules.
Must an employer always give a verbal warning first?
No. The Code does not require every employer to give a verbal warning before any formal action. A first written warning is common for substantiated misconduct or performance concerns. More serious conduct may justify a final written warning, while substantiated gross misconduct may justify dismissal after a fair procedure.
Can an employer dismiss someone at the first disciplinary hearing?
Potentially, but only where dismissal is a reasonable outcome in the circumstances. The seriousness of the conduct, the evidence, the employer’s policy, consistency, length of service and mitigating circumstances may all be relevant. Gross misconduct can justify dismissal without notice, but the employer must still conduct a fair process.
Is an employee entitled to a solicitor at a disciplinary hearing?
There is generally no automatic statutory right to be accompanied by a solicitor. The usual statutory choices are a colleague, trade union representative or trade union official. An employment contract, workplace policy or exceptional circumstances may provide wider rights.
Can a grievance be submitted by email?
Yes. A formal grievance can normally be submitted by email, provided it clearly states that the employee is raising a grievance and explains the nature of the complaint. The employer’s policy should be checked for any particular submission requirements.
How quickly must an employer arrange a grievance meeting?
The Code does not impose a fixed number of days. It requires the meeting to be arranged without unreasonable delay. The appropriate timeframe depends on the complexity and urgency of the complaint, but the employer should keep the employee informed.
Can an employee secretly record a disciplinary meeting?
Secret recording can create legal, contractual and evidential complications. Employees should normally ask for permission before recording. Employers should provide accurate notes and consider agreed recording as a reasonable adjustment where appropriate.
Does submitting a grievance stop an employment tribunal deadline?
Usually not. Internal procedures and tribunal deadlines operate separately. A person who may have a legal claim should check the applicable deadline promptly and notify Acas within time where required.
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