1. The Acas Code of Practice and Guidance on discipline and grievance


The key resource for union reps representing individual members in both disciplinary and grievance hearings is the Acas Code of Practice on disciplinary and grievance procedures (the “Acas Code”), with its accompanying Guidance (the “Acas Guidance”). Both documents are free to download from the Acas website at: www.acas.org.uk.


All workplace discipline and grievance procedures must comply with the Acas Code. They must also meet any extra requirements (for example, extra stages of appeal) in any internal discipline and grievance procedure. 


The Acas Code was introduced in 2009, with the support of both the CBI and the TUC. It replaced failed statutory discipline and grievance procedures which were repealed.


The Code is not legally binding, and failing to follow it will not make a dismissal automatically unfair. However, an unreasonable failure by either side to follow the Code can lead to compensation in any later tribunal claim being increased or cut by up to 25%. 


Alongside the Code, Acas issued new Guidance on dealing with discipline issues and grievances at work. Failing to follow the Guidance (as opposed to the Code) will not trigger the tribunal’s statutory power to cut compensation by 25%, but it may help make a dismissal unfair. 


The Code is supposed to cover both “performance” and “conduct” issues. It emphasises that, wherever possible, issues should be resolved informally, and at an early stage. Formal procedures should only be used where the informal route has not succeeded, or where informality is not appropriate, typically because of the serious nature of the issue. 


Reference is made to key parts of the Acas Code and recommendations from the Guidance where appropriate throughout this booklet.