ACAS Code of Practice

The main ACAS Code of Practice (on disciplinary and grievance procedures) has special legal significance. Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992:

Conversely, if an employee unreasonably fails to follow the Code, the tribunal can reduce compensation by up to 25%. This makes it crucial for both parties to follow proper procedures.

ACAS issues several Codes of Practice. The most important for HR policies are:

Code 1: Disciplinary and Grievance Procedures

The most important Code. Sets out principles for handling disciplinary and grievance matters fairly. This is the Code that triggers the 25% uplift/reduction.

View on ACAS website

Code 2: Disclosure of Information to Trade Unions

Covers employers' duties to disclose information for collective bargaining purposes.

View on ACAS website

Code 3: Time Off for Trade Union Duties and Activities

Sets out guidance on paid time off for union duties and unpaid time off for union activities. A revised version reflecting the Employment Rights Act 2025 (including time off for union equality representatives) is expected to come into force in October 2026.

View on ACAS website

Code 4: Settlement Agreements

Guidance on settlement agreements (formerly "compromise agreements"), covering when and how they should be used.

View on ACAS website

Code 5: Requests for Flexible Working

In force since 6 April 2024. Sets out how employers should handle statutory flexible working requests, which employees can make from day one of employment.

View on ACAS website

It is important to understand the difference between ACAS Codes and ACAS Guidance:

ACAS publishes extensive guidance on topics like absence management, redundancy, flexible working, bullying, and much more. While not legally binding in the same way as Codes, following this guidance demonstrates good practice.

The ACAS Code on Disciplinary and Grievance Procedures is the most important for employee handbooks. Your policies should include the following.

Disciplinary procedure must cover:

1. Investigation before any formal action
2. Written notification of allegations before hearing
3. Right to be accompanied at hearings
4. Opportunity for employee to respond
5. Decision made by someone with authority
6. Written confirmation of decision
7. Right of appeal (heard by different person)

Grievance procedure must cover:

1. How to raise a grievance (in writing)
2. Meeting arranged without unreasonable delay
3. Right to be accompanied at meetings
4. Investigation where appropriate
5. Written response with reasons
6. Right of appeal

One of the most important ACAS Code requirements is the right to be accompanied at disciplinary and grievance hearings. This is a statutory right under the Employment Relations Act 1999.

Who can accompany?

• A fellow worker (colleague)
• A trade union representative
• An official employed by a trade union

Regulyn automatically checks your policies against ACAS Code requirements:

Policy analysis

When you analyse a disciplinary or grievance policy, Regulyn flags any missing ACAS Code requirements as ACAS/Guidance Risk findings.

Severity classification

Findings are classified by type: Legal Non-Compliance (statutory breach), ACAS/Guidance Risk (Code violation), or Best Practice Gap (advisory improvement).

Source citations

Every finding cites the specific ACAS Code paragraph or legislation, so you know exactly what is required and can verify it yourself.

Redrafting

When redrafting a policy, Regulyn aligns it with the ACAS Code and includes appropriate references to the Code in your document for you to review.

Regulyn helps with the routine work of checking, explaining and updating your disciplinary and grievance procedures, so you can reserve professional legal advice for the individual cases that genuinely require it.

Reference the Code

Include a statement that your procedure complies with the ACAS Code of Practice on Disciplinary and Grievance Procedures.

Document everything

Keep records of investigations, meetings, decisions, and appeals. Good documentation protects you at tribunal.

Act promptly

Do not delay disciplinary or grievance proceedings without good reason. The Code requires action "without unreasonable delay."

Train managers

Ensure anyone who may conduct hearings understands the Code requirements and follows them consistently.

Know when to get advice

Getting your written procedure right is something most businesses can do themselves. A specific high-stakes case (a dismissal, a whistleblowing angle, or a grievance that overlaps with a discrimination claim) is where specialist HR or legal advice usually earns its cost.