ACAS Disciplinary Procedure: what UK employers must know

What is the ACAS Code of Practice?

ACAS (Advisory, Conciliation and Arbitration Service) publishes a Code of Practice on Disciplinary and Grievance Procedures. While not legally binding, employment tribunals are required to take it into account. If an employer unreasonably fails to follow the Code, tribunal awards can be increased by up to 25%.

The key principles

The ACAS Code requires that employers:

1. Investigate - establish the facts before taking action
2. Inform in writing - tell the employee what the allegation is and provide evidence
3. Hold a meeting - give the employee a fair hearing with at least 48 hours' notice
4. Right to be accompanied - the employee can bring a trade union rep or colleague
5. Decide and communicate - make a decision and confirm it in writing
6. Right of appeal - the employee must be able to appeal the decision

The stages of a disciplinary procedure

Informal stage

For minor issues, ACAS recommends starting with an informal conversation. Document the discussion and agreed actions but don't add it to the formal record.

First written warning

If the issue continues or is more serious, issue a first written warning. This typically remains on the employee's record for 6 months.

Final written warning

For continued misconduct or a more serious incident, issue a final written warning. This typically remains active for 12 months.

Dismissal

Dismissal (with notice) for continued failure to improve, or summary dismissal (without notice) for gross misconduct.

Why documented policies matter

In an unfair dismissal claim, the tribunal will ask:

• Did the employer have a written disciplinary policy?
• Was the employee made aware of it?
• Did the employer follow its own procedure?
• Did the employer follow the ACAS Code?

If the answer to any of these is “no”, the employer's position is significantly weakened - and awards can be increased by 25%.

How TrainedTeam helps

• Ready-made template - our Disciplinary Policy template follows the structure recommended in the ACAS Code of Practice
• E-signatures - prove the employee received and acknowledged the policy
• Version tracking - know which version of the policy was in place when an incident occurred
• Training verification - show managers completed training on how to follow the procedure