Disciplinary Procedure (ACAS Code)

The ACAS Code of Practice requires employers to: establish facts through investigation, inform the employee in writing of the allegations, hold a disciplinary meeting, allow the employee to be accompanied, make a decision and communicate it in writing, and provide a right of appeal. Failure to follow the Code can increase tribunal compensation by up to 25%.

Last updated: February 2025

Up to 25%

Compensation uplift for non-compliance

s.10 Employment Relations Act 1999

Right to be accompanied

Required by ACAS Code

Appeal

What the Law Says

The ACAS Code of Practice on Disciplinary and Grievance Procedures (revised 2015) is issued under s.199 TULRCA 1992. While not legally binding, tribunals must take it into account under s.207 and can adjust compensation by up to 25% for unreasonable failure to comply. The Employment Act 2008 removed the statutory minimum procedures, making the ACAS Code the primary benchmark.

Your Obligations as an Employer

  • Investigate the matter fully before any disciplinary action
  • Write to the employee setting out the allegations and evidence
  • Hold a meeting at a reasonable time and place
  • Allow the employee to be accompanied by a colleague or trade union representative

What to Include in Contracts

Reference the company disciplinary procedure (which should follow the ACAS Code), specify the stages of disciplinary action (verbal warning, written warning, final warning, dismissal), confirm the right to be accompanied, and include appeal provisions.

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Common Mistakes

  • Skipping the investigation stage and going straight to a hearing
  • Not allowing the employee to be accompanied at the hearing
  • Using the same manager for investigation, hearing, and appeal

FAQ

Who can accompany an employee at a disciplinary hearing?

Under s.10 of the Employment Relations Act 1999, the employee has the right to be accompanied by a single companion who is either a work colleague or a trade union representative. The companion can address the hearing and confer with the employee but cannot answer questions on their behalf.

How long should warnings stay on file?

The ACAS Code does not specify but recommends that warnings should be disregarded after a specified period. Typical periods are 6 months for a verbal or first written warning and 12 months for a final written warning, but this depends on the employer's policy and the seriousness of the matter.

Related Topics

Grievance Procedure (ACAS Code)

Gross Misconduct Examples

Unfair Dismissal Rules

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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

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