Acas Code of Practice on Disciplinary and Grievance Procedures (2015)

In brief

The statutory Acas Code of Practice on disciplinary and grievance procedures, issued under TULRCA 1992 s.199 and in effect from 11 March 2015. Paragraphs 1 to 47 set the basic requirements of fairness for handling discipline (misconduct and poor performance) and grievances at work: raise and deal with issues promptly, act consistently, investigate to establish the facts, tell the employee the basis of the problem and let them put their case, allow accompaniment at formal meetings, and allow an appeal (para 4); investigation and hearing by different people where practicable (para 6); written notice with the evidence (para 9); the statutory right to be accompanied (paras 13–17, 35–39); appeals heard impartially by a manager not previously involved (paras 27, 43); overlapping grievance and disciplinary cases (para 46). Failure to follow it does not itself create liability (TULRCA s.207(1)), but a tribunal takes a relevant provision into account (s.207(2)) and may raise or cut an award by up to 25 per cent for an unreasonable failure to comply (s.207A(2)–(3)), including in Equality Act 2010 work claims (Schedule A2). It does not apply to redundancy dismissals or the non-renewal of fixed-term contracts, nor to collective grievances (paras 1, 47). It is the procedural standard for any grievance about misgendering, harassment or facilities and for any disciplinary case arising from conduct towards a trans colleague.

Key provisions

• TULRCA s.207 — Legal effect — admissible, and taken into account by a tribunal : s.207(1) a failure to observe the Code does not of itself create liability; s.207(2) "any provision of the Code which appears to the tribunal or Committee to be relevant to any question arising in the proceedings shall be taken into account in determining that question."
• TULRCA s.207A; Sch A2 — Award adjustment of up to 25 per cent — including Equality Act work claims : s.207A(2) where the employer unreasonably fails to comply with a relevant Code, the tribunal may, if just and equitable, "increase any award it makes to the employee by no more than 25%." s.207A(3) mirrors this for an employee's unreasonable failure (reduction); Schedule A2 lists Equality Act 2010 ss.120 and 127 among the jurisdictions.
• ¶4 — The elements of fairness : Para 4 lists the elements: act promptly; act consistently; "Employers should carry out any necessary investigations, to establish the facts of the case." inform the employee and let them put their case; allow accompaniment at formal meetings; allow an appeal.
• ¶¶5–12 — Investigation, notification and the hearing : Para 5 investigate without unreasonable delay; para 6 "In misconduct cases, where practicable, different people should carry out the investigation and disciplinary hearing." para 9 written notification with sufficient information and normally copies of written evidence; para 12 the employee may set out their case, ask questions, present evidence and call witnesses.
• ¶¶13–17, 35–39 — The statutory right to be accompanied : Paras 13–14 workers have a statutory right to be accompanied by a fellow worker, a trade union representative or an official employed by a trade union; para 16 "the employer must postpone the hearing to a time proposed by the worker provided that the alternative time is both reasonable and not more than five working days after the date originally proposed." Paras 35–39 apply the same to grievance meetings.
• ¶¶26–29, 41–45 — Appeals — impartial, and by someone not previously involved : Para 27 "The appeal should be dealt with impartially and, wherever possible, by a manager who has not previously been involved in the case." Para 43 applies the same to grievance appeals; paras 29 and 45 outcome in writing.
• ¶¶32–34, 40, 46 — Grievances — raised formally, met without unreasonable delay, and overlap with discipline : Para 32 raise a grievance formally with a manager who is not its subject; para 33 "Employers should arrange for a formal meeting to be held without unreasonable delay after a grievance is received." para 40 decision in writing with the right of appeal; para 46 a grievance raised during a disciplinary process may suspend it, or both may be dealt with together.
• ¶¶1, 47 — Scope — what the Code does not cover : Para 1 disciplinary situations include misconduct and poor performance; "The Code does not apply to redundancy dismissals or the non‑renewal of fixed-term contracts on their expiry." Para 47 collective grievances are outside the Code.

When relevant

Any grievance or disciplinary procedure under review, and any tool finding about procedural fairness in discipline or grievance handling: a grievance about misgendering, harassment or facilities; a disciplinary case arising from conduct towards a trans colleague; a policy that asserts compliance with the Acas Code; independence of investigator, decision-maker and appeal-hearer; the right to be accompanied. Also where a tribunal award may be adjusted for unreasonable failure to follow the Code, including Equality Act 2010 work claims. Applies to employees; employers may choose to use the same procedure for workers.