What is the ACAS Code of Practice?

The ACAS Code of Practice on Disciplinary and Grievance Procedures is the essential guide that all UK employers should follow when dealing with workplace discipline or employee complaints. While not legally binding, tribunals must consider whether employers have followed it.

Why the ACAS Code Matters

Employment tribunals are required by law to take the ACAS Code into account when considering relevant cases. If an employer unreasonably fails to follow the Code, tribunals can:

• Increase compensation by up to 25% if the employer was at fault
• Decrease compensation by up to 25% if the employee was at fault

This makes following the Code not just good practice, but financially essential.

The Core Principles

The ACAS Code establishes these fundamental principles:

1. Employers and employees should raise and deal with issues promptly - Don't let problems fester
2. Employers and employees should act consistently - Similar cases should be treated similarly
3. Employers should carry out necessary investigations - Gather facts before making decisions
4. Employers should inform employees of the basis of the problem - Put allegations in writing
5. Employers should allow employees to be accompanied - At any formal meeting
6. Employers should allow an appeal - Against any formal decision

What the Code Covers

The Code applies to:

• Disciplinary situations, including misconduct and poor performance
• Grievances raised by employees
• Dismissals (except redundancy or expiry of fixed-term contracts)

What the Code Does NOT Cover

The Code does not apply to:

• Redundancy dismissals
• Non-renewal of fixed-term contracts
• Dismissals during probationary periods (though good practice suggests following similar principles)
• Collective grievances

The Key Steps for Disciplinary Matters

1. Establish the Facts

Before taking any action, investigate thoroughly. This might include:

• Gathering documentary evidence
• Interviewing witnesses
• Reviewing CCTV footage
• Checking previous records

2. Inform the Employee

Write to the employee setting out:

• The allegations against them
• The evidence you have
• The potential consequences
• Details of the disciplinary meeting

3. Hold a Meeting

The meeting should:

• Give the employee a chance to respond
• Allow them to be accompanied
• Be held without unreasonable delay
• Allow adjournments if needed

4. Make a Decision

After the meeting:

• Consider all the evidence
• Decide on any sanction
• Confirm the decision in writing
• Explain the right of appeal

5. Offer an Appeal

The employee should have the right to appeal any formal decision. Where possible, the appeal should be heard by someone more senior who wasn't involved in the original decision.

Companion Rights

Employees have the statutory right to be accompanied at disciplinary meetings by either:

• A work colleague, or
• A trade union representative

The companion can:

• Address the meeting
• Confer with the employee
• Sum up the employee's case

But the companion cannot:

• Answer questions on behalf of the employee
• Address the meeting if the employee doesn't want them to

Common Mistakes to Avoid

1. Rushing to judgment - Always investigate first
2. Not putting allegations in writing - The employee needs to know the case against them
3. Denying accompaniment - It's a statutory right
4. Not offering an appeal - This is a fundamental requirement
5. Treating similar cases differently - Consistency is crucial
6. Taking too long - Deal with matters promptly