LRD guides and handbook November 2021

Disciplinary and grievance procedures - a guide for union reps

Chapter 1

The Acas Code of Practice

[ch 1: page 10]

Although it has statutory force, the Acas Code is not in itself legally binding, and a failure to follow it will not result in any freestanding legal claim. However, it is still relevant in employment tribunal claims because the tribunal can increase or decrease compensation in a successful claim by up to 25% if it considers that either party has unreasonably failed to follow the Code (see Adjustment to awards below).

A failure to follow the Code can also help a tribunal decide whether or not a dismissal is fair.

Alongside the Code sits the Guidance on Discipline and grievances at work: the Acas guide which explains how the Code works in practice. Unlike the Code, this does not have statutory force and a failure to follow the Guidance will not result in any adjustment to compensation but may help a tribunal decide whether the parties have complied with the Code.