ACAS Code of Practice on Disciplinary Procedures: A Complete UK Guide

Quick Answer: What Is the ACAS Code of Practice?

The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standard of fairness for handling discipline and grievances at work. While not legally binding on its own, employment tribunals are required to take the Code into account and can adjust compensation by up to 25% if an employer unreasonably fails to follow it.

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Why the ACAS Code Matters

Every UK employer needs to understand the ACAS Code because:

• Tribunals must consider it when deciding unfair dismissal claims
• Compensation can be increased by up to 25% if the employer failed to follow the Code
• Compensation can be reduced by up to 25% if the employee failed to follow it
• It applies to all employers regardless of size, including small businesses

The Code does not apply to redundancy dismissals or the non-renewal of fixed-term contracts, but following its principles in those situations is still recommended.

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The 3-Step Disciplinary Process

The ACAS Code of Practice sets out a clear three-step process that employers should follow before taking disciplinary action.

Step 1: Investigation

Before any disciplinary hearing, you must carry out a reasonable investigation to establish the facts.

• Gather evidence: emails, witness statements, CCTV footage, system logs
• Interview witnesses where appropriate
• Consider suspension only if necessary (e.g., allegations of gross misconduct) and keep it as brief as possible
• Do not pre-judge the outcome -- the investigation is fact-finding, not decision-making
• Suspension should always be on full pay unless the contract expressly provides otherwise

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Step 2: Disciplinary Hearing

If the investigation finds a case to answer, you must hold a formal disciplinary hearing.

Before the hearing:

• Write to the employee setting out the allegations in full
• Provide copies of all evidence you intend to rely on
• Give reasonable notice of the hearing (at least 48 hours, though 5 working days is best practice)
• Inform the employee of their right to be accompanied by a trade union representative or work colleague

During the hearing:

• Allow the employee to state their case fully
• Go through the evidence and give them a chance to respond to each point
• The companion may address the hearing, sum up, and confer with the employee but cannot answer questions on the employee's behalf
• Adjourn if necessary to consider points raised or to gather further information
• Take detailed notes or arrange for a note-taker

After the hearing:

• Decide the outcome and communicate it in writing without unreasonable delay
• Set out the reasons for the decision clearly
• Explain the right of appeal and how to exercise it

Possible Outcomes

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Step 3: Appeal

The employee has the right to appeal any disciplinary decision. This is a critical part of the process and failing to offer an appeal is one of the most common reasons employers lose at tribunal.

• The appeal should be heard by a more senior manager who was not involved in the original decision
• The employee should set out their grounds of appeal in writing
• The appeal hearing should be held without unreasonable delay
• The outcome should be communicated in writing and is normally final

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Common Employer Mistakes

These errors frequently lead to tribunal findings of unfair dismissal:

• Skipping the investigation and going straight to a hearing
• Pre-determining the outcome before the hearing takes place
• Failing to provide evidence to the employee before the hearing
• Not offering the right to be accompanied or restricting who can accompany
• Not allowing an appeal or having the same manager hear the appeal
• Unreasonable delay at any stage of the process
• Inconsistent treatment -- different outcomes for similar misconduct by different employees
• Not making reasonable adjustments for disabled employees during the process

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Reasonable Adjustments in Disciplinary Proceedings

Under the Equality Act 2010, employers must make reasonable adjustments for disabled employees throughout the disciplinary process. Examples include:

• Allowing a support worker or advocate in addition to the statutory companion
• Providing documents in accessible formats
• Holding meetings in an accessible location
• Allowing additional breaks during hearings
• Considering whether the disability may have contributed to the conduct in question
• Giving extra time to prepare or respond to allegations

Failure to make reasonable adjustments can result in a separate discrimination claim on top of any unfair dismissal claim.

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Template Disciplinary Procedure

Every employer should have a written disciplinary procedure in place. Your procedure should cover:

1. Scope and purpose

• Confirm who the procedure applies to
• State that the procedure is non-contractual (recommended)

2. Informal stage

• Minor issues should be dealt with informally first
• A quiet word or management instruction is often enough

3. Investigation

• Who will investigate and how
• Whether suspension may be necessary and on what basis

4. Notification

• How the employee will be informed of allegations
• Minimum notice period for hearings

5. The hearing

• Right to be accompanied
• How evidence will be presented
• Who will chair the hearing

6. Outcomes and warnings

• Types of warnings available
• How long warnings remain active (typically 6 or 12 months)
• What constitutes gross misconduct in your organisation

7. Appeals

• How to submit an appeal
• Timescale for appeal hearings
• Who will hear the appeal

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Gross Misconduct: When Summary Dismissal Is Justified

Gross misconduct is behaviour so serious that it fundamentally breaches the employment contract, entitling the employer to dismiss without notice. Common examples include:

• Theft, fraud, or dishonesty
• Physical violence or threats of violence
• Serious insubordination
• Being under the influence of drugs or alcohol at work
• Serious breaches of health and safety rules
• Serious negligence causing or risking substantial loss or damage
• Bringing the organisation into serious disrepute

Even in gross misconduct cases, you must still follow the full ACAS Code -- investigation, hearing, and appeal. Summary dismissal means dismissal without notice, not dismissal without process.

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How Long Warnings Last

After the warning expires, the matter should be treated as spent and not referred to in future proceedings unless a clear pattern emerges.

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Managing Disciplinary Records with Grove

Grove helps UK employers run fair, compliant disciplinary procedures:

• Centralised employee records with secure document storage for investigation notes and hearing outcomes
• Task management to track each stage of the disciplinary process
• Template letters for investigation notifications, hearing invitations, and outcome letters
• Audit trail showing who did what and when, essential for tribunal defence

Get started with Grove to keep your HR processes organised and compliant.