UK Discipline, Grievance & Dismissal (Acas Code)
Practical UK guidance on handling disciplinary and grievance cases fairly: the statutory Acas Code of Practice, step-by-step disciplinary, grievance and investigation procedures, suspension, dismissal and redundancy rules. For employers, HR managers and line managers in England, Wales and Scotland. Curated by Kopik from public sources: Acas and GOV.UK (OGL v3).
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This assistant answers practical questions about handling discipline, grievances, suspension, dismissal and redundancy at work in England, Wales and Scotland. It is meant for employers, HR teams and line managers, and also helps employees understand what a fair process looks like. Every answer comes from public guidance published by Acas and GOV.UK, including the statutory Acas Code of Practice on disciplinary and grievance procedures.
What the Acas Code of Practice covers and why it matters
The Acas Code of Practice on disciplinary and grievance procedures sets out the basic requirements of fairness for handling misconduct, poor performance and complaints raised by employees. It came into effect on 11 March 2015 and replaced the 2009 Code.
Failing to follow the Code does not on its own make an employer liable, but employment tribunals take it into account. A tribunal can increase an award by up to 25 per cent if an employer unreasonably failed to comply, or reduce it by up to 25 per cent if the employee unreasonably failed to comply.
The Code does not apply to redundancy dismissals or to the non-renewal of fixed-term contracts when they expire. Tribunals also consider the size and resources of an employer, as it may not always be practicable for every employer to take every step.
The disciplinary process step by step
The employer should first investigate without unreasonable delay to establish the facts. In misconduct cases, where practicable, different people should carry out the investigation and the disciplinary hearing. An investigatory meeting should not by itself result in disciplinary action.
If there is a case to answer, the employee should be told in writing, with enough information about the allegations and their possible consequences to prepare, normally with copies of written evidence such as witness statements. The letter should give the time and place of the meeting and mention the right to be accompanied.
At the meeting the employee can set out their case, ask questions, present evidence and call relevant witnesses. Where misconduct or poor performance is confirmed, a first written warning is usual, followed by a final written warning if there is a further act or no improvement within a set period. A warning should state the improvement required, the timescale and how long the warning remains current.
The right to be accompanied
Workers have a statutory right to be accompanied where a disciplinary meeting could result in a formal warning or other disciplinary action, at appeal hearings, and at grievance meetings about a duty the employer owes the worker.
The companion can be a fellow worker, a trade union representative certified by their union, or an official employed by a trade union. The request does not have to be in writing, but it must be reasonable. If the chosen companion cannot attend, the employer must postpone to a reasonable time proposed by the worker, no more than five working days after the original date.
The companion can put and sum up the worker's case, respond on their behalf to views expressed and confer with them. They cannot answer questions for the worker or stop the employer from explaining its case.
When a dismissal is fair
A dismissal is fair or unfair depending on the reason and on how the employer acts during the process. Valid reasons include capability or conduct, redundancy, something that legally prevents the person doing the job (such as a driver losing their licence) and other substantial reasons.
Even with a fair reason, the employer must act reasonably: genuinely believe the reason, investigate where appropriate, follow procedures, explain why dismissal is being considered and listen, allow the employee to be accompanied and offer an appeal. Dismissal and disciplinary rules must be set out in writing.
Some reasons are automatically unfair, for example reasons linked to pregnancy and maternity, family leave, trade union membership, being part-time or fixed-term, or whistleblowing.
Questions fréquentes
Can an employee be dismissed immediately for gross misconduct?
Gross misconduct, such as theft, fraud, physical violence, gross negligence or serious insubordination, may justify dismissal without notice for a first offence. However, the Acas Code says a fair disciplinary process should always be followed first. The employer should investigate and give the employee a chance to respond before deciding.
How long must someone work before they can claim unfair dismissal?
The qualifying period is usually 2 years as an employee. GOV.UK states that from 1 January 2027 most employees will be able to claim after 6 months. No qualifying period applies to some claims, for example for automatically unfair reasons. A claim must normally reach a tribunal within 3 months of the dismissal.
Can an employee ask for the reasons for their dismissal in writing?
Yes. An employee with 2 years' service can ask for a written statement of the reasons, and the employer must supply it within 14 days. An employee dismissed during Statutory Maternity Leave must receive a written statement without asking, whatever their length of service.
What if the employee keeps refusing to attend the disciplinary meeting?
Where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause, the Acas Code says the employer should make a decision on the evidence available.
Is a criminal charge a reason for disciplinary action?
Not normally in itself. The Acas Code says the employer should consider what effect the charge or conviction has on the employee's suitability for the job and on their relationship with the employer, colleagues and customers.
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