What makes a disciplinary procedure fair? Acas Code explained

The Acas Code of Practice on disciplinary and grievance procedures sets the minimum standards for handling disciplinary action and complaints at work in England, Wales and Scotland. If your job is at risk, your employer should hear your answer before deciding. If you are raising a grievance, they should hear your complaint, investigate as needed and give you a written outcome.

Go straight to the Acas disciplinary procedure and flow chart, how to raise a formal grievance or help with a complaint about your employer.

What is the Acas Code of Practice on disciplinary and grievance procedures?

The Code sets out the basic fairness your employer should follow when dealing with alleged misconduct, poor performance or an individual grievance. It is a statutory code, not your employer’s own policy. You can read the full Acas Code here.

A disciplinary procedure deals with an employer’s concern about your conduct or performance. A grievance procedure deals with a concern you raise about your work or employer. These procedures are there to establish what happened, let you put your case and resolve the issue fairly, not to rubber-stamp a manager’s decision.

Ask for your workplace’s disciplinary and grievance rules. They should tell you where to send a complaint and how to appeal. The Code does not cover redundancy dismissals or non-renewal of a fixed-term contract on expiry. Northern Ireland uses the Labour Relations Agency Code instead.

Acas disciplinary procedure: the steps and flow chart

1. Informal discussion for a minor issue. A private conversation may resolve a minor lapse such as lateness. Ask what needs to change. The Code’s foreword recommends an informal start; this is not a mandatory stage before every serious allegation.
2. Investigation. Your employer should establish the facts without unreasonable delay. Where practicable, different people should investigate and chair the hearing. An investigation meeting should not by itself result in disciplinary action.
3. Written allegation and evidence. You should receive enough detail about the allegation and possible consequences to prepare, normally with copies of written evidence and witness statements. A vague invitation to “discuss misconduct” is not enough.
4. Disciplinary hearing. You must have a chance to answer the allegation, question evidence, present your own evidence and call relevant witnesses. Request an eligible companion if the hearing could lead to a formal warning or other disciplinary action.
5. Written decision. Your employer should confirm the outcome, whether no action, a warning or dismissal. A warning should explain the improvement required and how long it stays current. A dismissal decision should give the reasons, termination date, notice and appeal right.
6. Appeal. Send your grounds in writing. The appeal should be prompt and impartial, wherever possible heard by a manager not previously involved. You can request a companion again and should receive the outcome in writing.

Send this before the hearing: “Please send me the allegation, the evidence and the possible outcomes. I need reasonable time to prepare and would like to bring a companion.” Keep a copy. If you work nights, in care or on a delivery rota, ask for a meeting time you can attend and papers in a format you can read. The Code sets no fixed preparation period: the time must be reasonable for the case.

Acas disciplinary procedure flow chart

Read the process from top to bottom. No case to answer should end the disciplinary process. Gross misconduct can change the possible sanction, but it does not remove the need for a fair process.

Acas grievance procedure: how to raise a formal grievance

A grievance is a complaint to your employer about work. If informal resolution fails, put it in writing to a manager who is not the subject of the complaint. Ask your union for help before sending it if you can.

1. Write down the problem. Say what happened, when, who was involved and what you want resolved. Include relevant messages, rotas or other records and keep a copy. Check the workplace grievance procedure for where to send it.
2. Attend the grievance meeting. Your employer should arrange it without unreasonable delay. Explain your complaint and the outcome you are seeking. Request an eligible companion if the grievance concerns a duty your employer owes you.
3. Ask for the necessary investigation. Identify records and witnesses that could establish what happened. Your employer should investigate as necessary before reaching its decision.
4. Get a written outcome. Your employer should explain the decision in writing and offer an appeal. A written acknowledgement of your original complaint is helpful, but is not itself a Code requirement.
5. Appeal if the problem is not resolved. Set out your grounds in writing. The appeal should be handled impartially, wherever possible by a manager not previously involved. The statutory companion right also covers the associated appeal.

Do I have to raise it informally first?

No. Acas guidance says raising a problem informally first is usually a good idea, but you can go straight to a formal grievance if that has not worked, you do not want it dealt with informally, or it is very serious, such as sexual harassment or whistleblowing. Mediation by an independent, impartial person can happen at any stage if both sides agree. It is not early conciliation and does not pause the tribunal clock.

What should I write in a formal grievance?

You can use this wording as a starting point. Replace the brackets with what actually happened and what you want your employer to do.

I am raising a formal grievance about [the problem]. On [date], [what happened and who was involved]. The records that support my complaint are [messages, rotas or other evidence]. I would like [the outcome you are asking for]. Please arrange a grievance meeting. I would like to bring [an eligible companion].

What does Acas guidance say about a grievance investigation?

The employer should investigate as necessary to establish the facts of your complaint. Point out relevant records and witnesses rather than leaving the investigator to guess. If the manager receiving your complaint is the person you are complaining about, use another manager. The outcome and appeal matter as well as the meeting: a complaint has not been fairly answered just because someone let you speak.

Can I raise a grievance during a disciplinary process?

Yes. The Code permits a temporary pause to investigate your grievance. If both concern the same events, it also permits your employer to deal with them together. A grievance does not automatically stop disciplinary action. Keep your complaint specific and put any concerns about impartiality in writing. Collective grievances brought through a representative have their own process.

Can I complain to Acas about my employer?

Acas offers guidance and early conciliation; it does not rule on whether your employer was fair. Raise a workplace grievance with your employer. If you may have a tribunal claim, contact Acas about early conciliation, which is required before most claims. These are different routes: a grievance is an internal complaint, conciliation is a chance to resolve a potential claim, and a tribunal decides the legal claim.

Speak to your union, Citizens Advice or a local law centre about the legal basis for a claim. Breaking the Code alone is not enough to sue. Keep your grievance, the response, any appeal and the evidence behind them.

Acas disciplinary investigation: what should your employer check?

The investigation should establish the facts, not build a case for a decision already made. If you are accused of theft from a till, ask your employer to check the till record and CCTV and speak to anyone who saw the transaction. Give your own account and identify evidence that supports it. Where practicable, the investigator should not also chair the disciplinary hearing.

If you are a care worker accused of missing a visit, keep the rota, visit records and messages about travel delays. A suspicion is not a finding. Wage theft or another workplace dispute should not be disguised as misconduct to silence you. For minimum-wage underpayment, use the government’s pay and work rights complaint form. That is separate from raising an internal grievance.

You should normally receive written evidence, including witness statements, with the allegation letter. If an account cannot safely be disclosed in full, you should still be able to answer its substance. Ask for inaccuracies in interview notes to be recorded. Remote interviews still need privacy and an accurate record.

If you are suspended while the employer investigates, the Code says suspension should be with pay, brief and kept under review. It is not a disciplinary sanction. Ask why a temporary change of duties would not be enough, when the suspension will be reviewed and for confirmation that it is not a finding of guilt.

There is no statutory companion right at a purely investigatory meeting, though a workplace policy may provide one and an adjustment may be needed for a disabled employee. The statutory right applies at a qualifying disciplinary hearing. Calling it an “investigation” does not remove that right.

Acas disciplinary hearing: your right to a companion

You should have reasonable time to prepare before the hearing. At it, you can answer the allegation, ask questions, present evidence and call relevant witnesses. Both sides should give advance notice of witnesses they intend to call. If new evidence appears, ask for an adjournment so you can read it and respond.

The companion right is statutory, not a favour. Under sections 10 to 12 of the Employment Relations Act 1999, a worker who reasonably requests accompaniment at a disciplinary hearing that could result in a formal warning or other action may choose a fellow worker, a certified trade union representative or an employed union official. The companion may address the hearing, respond to points, sum up and confer privately, but cannot answer questions for the worker. The right also applies to disciplinary appeals.

Ask your union for a representative as soon as you receive the invite. In care and health, that may be UNISON or Unite; in hospitality and retail, Unite or USDAW may be relevant, depending on your workplace. If you are not a member, ask a trusted fellow worker who is eligible to accompany you. Citizens Advice and a local law centre can help you understand the next step; Acas can explain the Code and early conciliation. A union is not a luxury when your shifts and income are on the line.

If your chosen companion is unavailable, your employer must accept a reasonable alternative time you propose no more than five working days after the original hearing date. A breach of the companion right can attract up to two weeks’ pay. At the £751 weekly statutory cap from 6 April 2026, that is £1,502. A refusal can also affect the fairness of a dismissal. Dismissal or detriment for exercising the right has separate statutory protection.

If the hearing is remote, ask for the papers in advance, a way to speak privately to your companion and any adjustments you need to participate. A poor connection is not a refusal to engage.

If you cannot attend, explain why and suggest a workable alternative. Ask for illness or disability-related barriers to be considered. Paragraph 25 allows an employer to decide on the evidence available if an employee is persistently unable or unwilling to attend without good cause. The Code sets no fixed number of invitations.

Acas disciplinary warnings: can you be dismissed for a first offence?

The normal route is a first written warning, then a final written warning for further misconduct or failure to improve within the stated period, then possible dismissal. A sufficiently serious first offence can justify a final written warning. Gross misconduct, such as theft or violence, may justify dismissal without notice for a first offence, but not without investigation, hearing and appeal. Check what your employer’s rules say counts as gross misconduct.

Six and twelve months are common policy choices, not statutory expiry periods. Check that your warning says what must improve, by when, how long it stays current and what happens if there is another breach. Only an authorised manager should dismiss. You should be told the reasons, termination date, notice and appeal right. An expired warning is not automatically decisive; whether earlier conduct can still matter depends on the circumstances.

How to appeal an Acas disciplinary decision

Check your employer’s appeal deadline and send your grounds in writing. Explain what is wrong: a missing witness, a flawed investigation, an inconsistent sanction or new evidence. The Code does not prescribe a five-working-day appeal deadline. Your employer should hear the appeal promptly and impartially, wherever possible through a manager not previously involved. You can request a companion. Ask for the result in writing.

Offering an appeal does not, by itself, cure an earlier defect. An impartial rehearing that considers the disputed evidence can sometimes remedy one. A rubber stamp cannot. The outcome is not “final and binding” against tribunal rights.

Discrimination in disciplinary and grievance procedures

Consistency does not mean ignoring different circumstances. If you were disciplined for lateness while someone else was not, record what you know about the comparable case and ask why the outcomes differ. Different reasons for lateness or different warning histories may matter. “We treat everyone the same” is not an explanation.

In Great Britain, the Equality Act 2010 also applies; it does not extend to Northern Ireland. Discrimination claims have no service threshold or statutory compensation cap. Its work provisions cover workers and many contractors obliged personally to do the work. If the allegation concerns disability-related absence, ask for the reasons for that absence and reasonable adjustments to be considered before a sanction. You may also need an accessible room, extra breaks or a different hearing format. For claims presented from 6 April 2026, the injury-to-feelings guidance gives bands of £1,300-£12,600, £12,600-£37,700 and £37,700-£62,900. Exceptional awards can be higher.

What disciplinary and grievance records should you keep?

Keep the allegation or grievance, evidence and witness accounts, investigation and hearing notes, the written decision and appeal record. If minutes are wrong, send your corrections in writing and keep them. Your record should show what was alleged, what you said and why the employer reached its decision.

Section 3 of the Employment Rights Act 1996 requires your written statement of employment particulars to contain disciplinary and grievance information. Ask for it if you cannot find the procedure. Employers should keep case records secure and only as long as needed; there is no general six-year disciplinary-file rule.

Is the Acas Code actually law?

It is a statutory code, not a separate right to sue. Acas Code of Practice 1 took effect on 11 March 2015. An employer does not become liable simply by breaking it. A tribunal must take the Code into account where relevant. Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, it may increase an award by up to 25% for an employer’s unreasonable failure to comply, or reduce one by up to 25% for an employee’s. An unfair dismissal or discrimination claim still needs its own legal basis.

The Code does not apply to redundancy dismissals, the expiry of a fixed-term contract that is not renewed, or collective grievances brought for two or more employees by a representative. That exclusion does not mean a fixed-term employee has no unfair-dismissal rights. Non-renewal can still count as dismissal.

What makes an Acas disciplinary procedure fair in law?

Paragraph 4 of the Code calls for prompt, consistent treatment, an investigation, a chance to answer the case before a decision, accompaniment at qualifying hearings and an appeal. A small employer’s resources matter, but having no HR department does not excuse deciding you are guilty before hearing you.

For a conduct dismissal, the tribunal asks whether the employer genuinely believed misconduct occurred, had reasonable grounds for that belief and investigated reasonably. This is the Burchell test, applied within the broader reasonableness assessment under section 98(4) of the Employment Rights Act 1996. Under Polkey, a dismissal can be unfair because of the process even if a fair process would ultimately have led to the same decision. That possibility may reduce compensation.

Who is covered and where the rules differ

In Great Britain, ordinary unfair dismissal generally requires two years’ continuous employment as at 1 October 2026. No ordinary qualifying period applies to specified automatically unfair dismissals, including whistleblowing and certain health-and-safety or pregnancy-related cases. Discrimination is a separate day-one claim. From 6 April 2026 the basic-award calculation uses half a week’s pay for each year below age 22, a week for ages 22-40 and one and a half weeks from age 41, up to 20 years and £751 a week. The maximum is £22,530. The ordinary compensatory-award cap is currently the lower of £123,543 or 52 weeks’ pay. Some automatically unfair claims have a £9,157 minimum basic award. These are specified categories, not every such claim.

Scotland uses the same Acas Code, companion right and unfair-dismissal framework as England and Wales, including these award limits. A genuinely self-employed contractor generally has no ordinary unfair-dismissal or statutory companion right, but may have Equality Act protection if personally contracted to perform work. Check employment status. The contract label does not settle it.

Northern Ireland has different rules. The ordinary unfair-dismissal qualifying period is one year and the January 2027 change does not apply. The Labour Relations Agency Code, not the Acas Code, is the relevant guidance. Statutory three-step dismissal procedures remain: written grounds and invitation, meeting, then appeal. If failure to complete the procedure is wholly or mainly the employer’s fault, dismissal may be automatically unfair. Under article 17 of the Employment (Northern Ireland) Order 2003, the tribunal ordinarily increases an applicable award by 10% and can increase it by up to 50%. Exceptional circumstances can justify less or none. The corresponding rule can reduce an award for employee failure. See nidirect’s guidance before using a GB procedure in Northern Ireland.

Northern Ireland also has separate compensation limits. From 6 April 2026, the Employment Rights (Increase of Limits) Order (Northern Ireland) 2026 sets the week’s-pay limit for basic and additional unfair-dismissal awards at £783 and the unfair-dismissal compensatory-award limit at £123,785. The Great Britain limits above do not apply in Northern Ireland.

Changes affecting disciplinary and grievance claims

1. 1 Oct 2026Most tribunal limits increase

   For most claims with a relevant date on or after this date, the limit is six months minus one day, subject to early conciliation. Earlier relevant dates stay under the old limit. Notify Acas promptly; do not calculate from the date an appeal ends.

2. 30 Oct 2026Harassment changes in force

   Since 30 October 2026, the duty to take “all reasonable steps” to prevent sexual harassment and new third-party harassment liability have been in force.

3. 1 Jan 2027Unfair-dismissal changes scheduled

   In Great Britain, ordinary unfair-dismissal eligibility falls to six months, the compensatory cap is removed and the service requirement to request written dismissal reasons falls to six months. These changes apply to dismissals with an effective termination date on or after this date. Earlier effective termination dates remain under the two-year qualifying rule.

Acas disciplinary and grievance questions

Is the Acas Code of Practice the same as a code of conduct?

No. In a disciplinary case, the Acas Code of Practice sets out how your employer should handle the process. Your employer’s conduct rules set out the behaviour expected at work. Ask for those rules and the allegation against you; an alleged breach does not remove your right to a fair process.

Who can I bring to an Acas disciplinary or grievance hearing?

At a qualifying hearing, you can request a fellow worker, a certified trade union representative or an employed union official. If your chosen companion cannot attend, propose a reasonable time within five working days after the original hearing date. There is no statutory companion right at a purely investigatory meeting, although workplace policy or a disability-related adjustment may provide one.

My employer skipped the appeal. Does that matter?

Yes. The Code calls for an appeal. Skipping it may make a dismissal unfair. If the failure is unreasonable in a claim where the Code applies, it may justify an award uplift of up to 25%. Keep your written request and grounds.

Can I be dismissed for a first offence?

Gross misconduct may justify dismissal without notice, but not without a fair process. For other serious first offences the Code says a final written warning may be appropriate. What is fair depends on the facts and the employer’s rules.

Does a formal grievance go to Acas or my employer?

Send the grievance to your employer, to a manager who is not the subject of the complaint. Explain what happened and what you want resolved. Acas can explain the procedure and offer early conciliation before a potential tribunal claim, but it does not decide your grievance or replace your employer’s procedure.

Does the Acas Code apply in Northern Ireland?

No. Northern Ireland uses the Labour Relations Agency Code and has separate statutory procedures. The ordinary unfair-dismissal qualifying period is one year, and its award-adjustment rules differ from Great Britain’s.

Sources

1. Acas Code of Practice on disciplinary and grievance procedures, Acas
2. Discipline and grievances at work: the Acas guide (PDF, Aug 2024), Acas
3. Trade Union and Labour Relations (Consolidation) Act 1992, s.207A, legislation.gov.uk
4. Employment Rights Act 1996, Part X, legislation.gov.uk
5. Employment Relations Act 1999, ss.10-12, legislation.gov.uk
6. Equality Act 2010, Part 5, legislation.gov.uk
7. Employment Rights (Increase of Limits) Order 2026 (SI 2026/310), legislation.gov.uk
8. Vento bands. Presidential Guidance Ninth Addendum (April 2026), Judiciary UK
9. Employment Rights Act 2025, Acas
10. Unfair dismissal rights, business.gov.uk
11. Eligibility to claim unfair dismissal, GOV.UK
12. Employment (Northern Ireland) Order 2003, art. 17, legislation.gov.uk
13. Disciplinary procedures, nidirect
14. Code of Practice on disciplinary and grievance procedures (NI), Labour Relations Agency
15. Early conciliation, Acas
16. Formal grievance procedure: step by step, Acas
17. Consultation on the Code of Practice on disciplinary and grievance procedures (closed 23 September 2026), Acas
18. Consulting on an updated disciplinary and grievance Acas Code, Acas
19. Employment Rights (Increase of Limits) Order (Northern Ireland) 2026 (SR 2026/57), legislation.gov.uk
20. Tribunal Statistics Quarterly, April to June 2026, Ministry of Justice
21. Trade union membership: UK 1995 to 2025 statistical bulletin, Department for Business and Trade
22. Complain about pay and work rights, GOV.UK