Disciplinary & Grievance (ACAS Code) Compliance Check

The ACAS Code of Practice on Disciplinary and Grievance Procedures sets the minimum standard of fairness UK employment tribunals expect when you deal with misconduct, poor performance or a complaint raised by a worker. The Code is not law in itself, but tribunals must take it into account, and under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 they can increase compensation by up to 25% if an employer unreasonably fails to follow it. Workers also have a statutory right under section 10 of the Employment Relations Act 1999 to be accompanied by a colleague or trade union representative at disciplinary and grievance hearings, and breaching it can cost up to two weeks’ pay on top of any other award.

A dismissal that follows a poor process is likely to be unfair under section 98 of the Employment Rights Act 1996, even where the reason was genuine. The Employment Rights Act 2025 cuts the qualifying period for ordinary unfair dismissal claims from two years to six months from January 2027, so far more of your staff will soon be able to challenge how a disciplinary was handled. Grievances that are ignored or mishandled often turn into constructive dismissal, discrimination or whistleblowing claims, which need no qualifying service at all. This check helps you see whether your written procedure and the way you actually run it would stand up.

Use this free tool to check whether your disciplinary and grievance procedure follows the ACAS Code of Practice, protects the right to be accompanied and would stand up if a tribunal looked at it.