A fair disciplinary and grievance procedure in the UK is built around the Acas Code of Practice on disciplinary and grievance procedures: establish the facts, tell the person in writing, hold a meeting, allow them to be accompanied, decide on action, and offer an appeal. Here is what many employers misunderstand: the Acas Code is not itself law, and breaching it is not unlawful in its own right. But employment tribunals must take it into account, and they can increase — or reduce — compensation by up to 25% where either side has unreasonably failed to follow it. And change is coming: Acas consulted on a revised Code between July and September 2026, although, at the time of writing, the 2015 Code remains the one in force.
At a glance: Nexis CPD’s £9 Disciplinary and Grievance Procedures course explains the Acas Code, the right to be accompanied, and how to run fair, consistent processes. It is CPD accredited and 100% online with a verifiable e-certificate, and any three courses cost £18. It is awareness training for managers and staff — it is not legal advice, and complex or high-risk cases need advice from an employment law professional.
What is the Acas Code of Practice on disciplinary and grievance procedures?
Acas — the Advisory, Conciliation and Arbitration Service — issues statutory Codes of Practice under the Trade Union and Labour Relations (Consolidation) Act 1992. The Code on disciplinary and grievance procedures sets out the basic standard of fairness employers and workers are expected to meet when dealing with misconduct, poor performance and workplace complaints. The current version came into effect on 11 March 2015.
It is short, deliberately so. It does not prescribe a rigid process; it sets out principles and a sequence of steps that any fair procedure should include, and leaves employers to build them into their own policies. Larger organisations usually go further, but no organisation should fall below it.
What does the Code not cover?
The Code states that it “does not apply to dismissals due to redundancy or the non-renewal of fixed-term contracts on their expiry”. Those situations have their own legal rules on fairness and consultation. It does apply to disciplinary situations involving misconduct and poor performance, and to grievances — concerns, problems or complaints that people raise with their employer.
Is the Acas Code a legal requirement?
Not directly. Failing to follow the Code does not, by itself, make an employer liable to legal proceedings. What gives it teeth is how employment tribunals use it.
First, tribunals take the Code into account when deciding cases — for example, whether a dismissal was fair. An employer that ignored the basic steps will find it much harder to show it acted reasonably.
Second, under section 207A of the 1992 Act, in the types of claim to which it applies, a tribunal may increase an award by up to 25% if the employer has unreasonably failed to comply with the Code, or reduce it by up to 25% if the employee has unreasonably failed to comply. The Code itself says tribunals “will also be able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with any provision of the Code”.
So the honest answer to “do we have to follow the Acas Code?” is: not as a free-standing legal duty, but ignoring it is one of the most expensive mistakes an employer can make. This article is general information, not legal advice.
What is changing with the new Acas Code?
Acas ran a public consultation on a revised Code from 30 July to 23 September 2026. Acas explains that, if it decides to proceed, the updated Code will be presented to the Secretary of State and, if approved, laid before Parliament. Until a new Code is approved and brought into effect, the 2015 Code is the one that applies.
The draft places much more emphasis on early and informal resolution. Among the proposed changes, it would refer to the wider category of “workers” rather than “employees”; expect employers inviting someone to a formal disciplinary meeting, and workers raising a formal grievance, to set out what informal steps have been taken (or why none have); apply the tribunal adjustment where there is an unreasonable failure to attempt informal resolution; and add guidance on suspension, mediation, and equality and non-discrimination. It also suggests that, while the statutory right to be accompanied applies only to formal meetings, it is good practice to allow a companion at informal meetings too.
Because these are proposals, not law, the practical advice is to follow the 2015 Code now while building in the direction of travel: try to resolve things informally first where appropriate, and keep a record of what was tried.
What are the steps in a fair disciplinary procedure?
The Code sets out the key stages. In practice they look like this.
1. Establish the facts
Carry out the necessary investigation without unreasonable delay. In misconduct cases, where practicable, different people should carry out the investigation and the disciplinary hearing. The investigation may involve an investigatory meeting with the person, interviews with witnesses and reviewing documents. It is about gathering facts, not deciding the outcome.
2. Consider whether suspension is really needed
Suspension is sometimes necessary — to protect evidence, witnesses or the people the employer serves — but it should not be automatic. Under the 2015 Code, where a period of suspension with pay is considered necessary, it should be as brief as possible, kept under review, and it should be made clear that suspension is not a disciplinary action. Unnecessary or prolonged suspension can itself damage trust.
3. Inform the person in writing
If there is a case to answer, notify the person in writing, with enough information about the alleged misconduct or poor performance and its possible consequences to allow them to prepare to answer it. It is often appropriate to provide copies of written evidence such as witness statements. The letter should give the time and place of the meeting and tell them about their right to be accompanied.
4. Hold a meeting
Hold the meeting without unreasonable delay, while allowing the person reasonable time to prepare. At the meeting the employer should explain the complaint and go through the evidence, and the person should be allowed to set out their case, answer allegations, ask questions, present evidence and call relevant witnesses.
5. Allow the person to be accompanied
Workers have a statutory right to be accompanied at a disciplinary hearing — explained in more detail below.
6. Decide on appropriate action
After the meeting, decide whether disciplinary action is justified, and inform the person in writing. Outcomes might include no action, informal advice, a written warning, a final written warning, or — for serious or repeated issues — dismissal. Any warning should explain what improvement or change in behaviour is expected, how long the warning will remain on file, and the consequences of further misconduct or failure to improve.
7. Provide an opportunity to appeal
Tell the person they can appeal if they feel the action is wrong or unjust. Appeals should be heard without unreasonable delay and, wherever possible, by a manager who has not previously been involved. The right to be accompanied applies at the appeal hearing too.
What about gross misconduct?
Gross misconduct is misconduct serious enough to justify dismissal for a first offence — theft, fraud, physical violence or serious negligence are common examples. Employers should give examples of what they treat as gross misconduct in their disciplinary rules. But gross misconduct does not remove the need for a fair process. As Acas puts it: “If an employer finds there has been gross misconduct, they must still carry out an investigation and a fair disciplinary procedure.” Dismissing someone on the spot, without an investigation or a hearing, is a classic route to an unfair dismissal claim.
What is the right to be accompanied?
Under section 10 of the Employment Relations Act 1999, where a worker is required or invited to attend a disciplinary or grievance hearing and reasonably requests to be accompanied, the employer must allow them to bring a companion. The companion can be:
- a fellow worker;
- a trade union official employed by a union; or
- a workplace trade union representative who has been certified by their union as having experience of, or training in, acting as a companion.
There is no statutory right to be accompanied by a lawyer or a family member, although employers can agree to it — for example as a reasonable adjustment for a disabled worker.
The companion may put the worker’s case, sum it up, respond on the worker’s behalf to any view expressed at the hearing, and confer with the worker during the hearing. They may not answer questions on the worker’s behalf, and the employer does not have to let them prevent the employer from explaining its case.
If the chosen companion cannot attend at the proposed time, the worker can propose another time; if that is reasonable and falls within five working days of the day the employer proposed, the employer must postpone the hearing to that time.
What is a fair grievance procedure?
A grievance is a concern, problem or complaint that a worker raises with their employer. The Code’s steps mirror the disciplinary process:
- Let the employer know — if the concern cannot be settled informally, the worker should raise it formally, in writing, without unreasonable delay, with a manager who is not the subject of the grievance.
- Hold a meeting — the employer should arrange a formal meeting without unreasonable delay to discuss the grievance.
- Allow the worker to be accompanied — the statutory right applies to grievance hearings that deal with a complaint about a duty owed by the employer.
- Decide on appropriate action — and tell the worker in writing, including any action the employer will take.
- Allow an appeal — if the worker feels the grievance has not been satisfactorily resolved.
Grievances often involve allegations of bullying, harassment or discrimination, which carry their own legal duties. Our guides to sexual harassment in the workplace and equality, diversity and inclusion explain the wider framework, and unresolved conflict is a well-recognised source of work-related stress.
What if a grievance is raised during a disciplinary process?
This is common. Under the 2015 Code, the employer may temporarily suspend the disciplinary process to deal with the grievance, and where the two are related it may be appropriate to deal with both issues concurrently. The key is to consider the grievance properly rather than treating it as a delaying tactic by default.
Do employers have to have written disciplinary and grievance procedures?
Workers must be told where to find them. Under section 3 of the Employment Rights Act 1996, the written statement of employment particulars must include a note specifying any disciplinary rules that apply (or referring to a reasonably accessible document containing them), setting out or referring to the disciplinary and dismissal procedures, and identifying a person to whom the worker can apply if dissatisfied with a disciplinary decision or to seek redress of a grievance, and how to do so. Since April 2020 this applies to workers as well as employees.
What makes a disciplinary process fair in practice?
Beyond the formal steps, the Code’s underlying principles are what tribunals look for:
- Promptness — deal with issues without unreasonable delay.
- Consistency — treat similar cases in similar ways, and keep records so you can.
- Transparency — make sure the person knows the case against them and has the evidence.
- Impartiality — separate the investigator from the decision-maker where possible, and use someone new for appeals.
- Proportionality — match the sanction to the seriousness of the issue and the person’s record.
- Reasonable adjustments — adjust the process where a disability, including mental ill health, would otherwise put someone at a disadvantage.
Managers who run these processes rarely do so often, which is why training matters. For HR professionals, see also our guide to CPD requirements for HR professionals.
Which courses support disciplinary and grievance handling?
Three £9 courses fit together well for managers and HR teams, each with a verifiable certificate for records:
- Disciplinary and Grievance Procedures — the Acas Code, the right to be accompanied and running fair processes.
- Employment Law — the wider legal framework managers work within.
- Bullying and Harassment in the Workplace — because many grievances start here.
Those three together cost £18 rather than £27, because any three courses trigger the pay-for-2-get-3 offer. Add them to the cart and the discount applies automatically.
Frequently asked questions
Is the Acas Code of Practice legally binding?
Not directly. Failing to follow it does not in itself make an employer liable to legal proceedings. But employment tribunals take it into account, and under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 they can increase an award by up to 25% if the employer unreasonably failed to follow it, or reduce it by up to 25% if the employee did. This is general information, not legal advice.
What are the steps in a disciplinary procedure?
Under the Acas Code, the employer should establish the facts through an investigation, inform the person of the problem in writing, hold a meeting to discuss it, allow the person to be accompanied, decide on appropriate action and confirm it in writing, and provide an opportunity to appeal. Suspension, if needed, should be brief, kept under review and not treated as a disciplinary action.
Who can accompany me to a disciplinary or grievance hearing?
Under section 10 of the Employment Relations Act 1999, you can be accompanied by a fellow worker, a trade union official employed by a union, or a workplace trade union representative certified as trained or experienced in acting as a companion. There is no statutory right to bring a lawyer or family member, although an employer may agree to it.
Can a disciplinary hearing be postponed if my companion is unavailable?
Yes. If your chosen companion cannot attend, you can propose another time; if it is reasonable and falls within five working days of the day proposed by the employer, the employer must postpone the hearing to that time.
Is there a new Acas Code of Practice?
A revised Code has been proposed. Acas consulted on a draft from 30 July to 23 September 2026. If Acas proceeds, the Code will be presented to the Secretary of State and, if approved, laid before Parliament. Until a new Code is brought into effect, the 2015 Code continues to apply. The draft emphasises informal resolution and refers to workers rather than employees.
Does the Acas Code apply to redundancy?
No. The Code states that it does not apply to dismissals due to redundancy or the non-renewal of fixed-term contracts on their expiry. Those situations are covered by separate legal rules on fairness and consultation.
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This article is general information, not legal advice. Employment law is complex and fact-specific; for advice on a particular case, contact Acas or an employment law professional. A Nexis CPD awareness course is CPD accredited but is not a regulated qualification and is not a substitute for legal advice. The Acas Code of Practice and the statutory provisions cited apply in England, Scotland and Wales; Northern Ireland has separate arrangements through the Labour Relations Agency. A revised Acas Code was under consultation in 2026 — check acas.org.uk for the current version. Sources are legislation.gov.uk and Acas at the time of writing.