The ACAS Code of Practice — Your Key Protection
The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum steps employers must follow. Failure to comply with the Code can lead to a 25% uplift on any tribunal award against the employer — and a 25% reduction in your award if you unreasonably fail to follow it.
The Code requires employers to:
- Carry out a thorough investigation before taking disciplinary action
- Inform the employee of the problem in writing
- Hold a formal meeting before imposing any disciplinary sanction
- Allow the employee to be accompanied by a colleague or trade union representative
- Allow the employee to respond to the allegations
- Provide a right of appeal against any disciplinary decision
The Disciplinary Process — What Your Employer Must Do
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1
Investigation
Before any hearing, the employer must investigate. This means gathering evidence, interviewing witnesses, and reviewing relevant records — not simply accepting a manager's account. A biased or one-sided investigation is grounds for appeal.
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2
Written notification
You must receive a written letter setting out the allegations, the evidence, and the time and place of the hearing with reasonable notice (normally at least 48 hours, often longer). You must also receive copies of the evidence to be relied upon.
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3
Disciplinary hearing
You have the right to be accompanied by a work colleague or trade union representative (s.10 Employment Relations Act 1999). You can present your case, call witnesses, and question the evidence. A solicitor can brief you and prepare your statement in advance — and in some cases attend as your companion.
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4
Decision & sanction
The decision must be communicated in writing: no action, verbal warning, written warning, final written warning, or dismissal. The sanction must be proportionate to the offence and consistent with how similar cases have been handled.
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5
Right of appeal
Every disciplinary outcome must carry a right of appeal. The appeal must be heard by someone not previously involved in the case. Failing to appeal weakens any subsequent tribunal claim — always use this right.
The Grievance Process — Raising a Complaint
If you have a complaint about your working conditions, treatment, or a colleague's behaviour, you can raise a formal grievance. The ACAS Code requires your employer to:
A solicitor can help you draft a comprehensive grievance letter, prepare for the meeting, and advise on whether to appeal an unsatisfactory outcome. A well-documented grievance is also essential evidence if you later bring an employment tribunal claim.
Your Right to Be Accompanied
Under s.10 Employment Relations Act 1999, you have a statutory right to be accompanied to any disciplinary or grievance hearing by a single companion who is either:
- A work colleague
- A trade union official or representative
Your companion can address the hearing, ask questions, confer with you — but cannot answer questions on your behalf. In some circumstances a solicitor can attend as your companion (check your employer's policy and whether they are willing to agree). Your employer cannot refuse your chosen companion unless there is a very good reason — doing so is a tribunal-actionable breach.
Common Situations We Help With
Frequently Asked Questions
Can a solicitor attend my disciplinary hearing?
Under the statutory right (s.10 ERA 1999), your companion must be a work colleague or trade union official. However, you can ask your employer whether they will agree to allow a solicitor to accompany you — some employers, particularly in sensitive cases, will agree. Even if a solicitor cannot attend, they can prepare your statement and brief you thoroughly before the hearing.
What happens if I am suspended?
Suspension pending investigation is paid and should be for the shortest time necessary. It is not a disciplinary sanction and should not be presented as such. However, the circumstances and duration of your suspension may be relevant to a later constructive dismissal or unfair dismissal claim. Keep notes of all communications during your suspension.
Should I raise a grievance before bringing a tribunal claim?
It is not mandatory, but it is strongly advisable. A tribunal can reduce your award by up to 25% if you unreasonably failed to use internal grievance procedures. It also creates a documented record of your complaint and your employer's response — or failure to respond — which strengthens your tribunal case.
What is a "without prejudice" offer in a disciplinary process?
If your employer makes a "without prejudice" offer (or an Acas s.111A protected conversation) during a disciplinary process, this usually means they are proposing a settlement — often a financial payment in exchange for leaving. You are not obliged to accept, and the offer cannot generally be disclosed to the tribunal. Get legal advice before responding.
What happens if I miss my appeal deadline?
Missing an internal appeal deadline does not prevent you from bringing a tribunal claim. However, it may be taken into account when assessing whether you acted reasonably. Where possible, appeal — even if the deadline has passed, request an extension explaining the circumstances. Courts have some discretion, and your solicitor may be able to argue for the appeal to be heard out of time.