Cracking the Code
Sue Ensall of Mace & Jones solicitors explains the new Acas Code of Practice for
disciplinary and grievance procedures
M
any employers will be pleased to


Discipline and grievance issues should be
learn that the Employment Act 2008
raised and dealt with promptly, with no
repeals current statutory disciplinary
unreasonable delay in holding meetings,
and grievance procedures, which are highly
making decisions and communicating
technical and impose draconian penalties on
these.
employers if they are not followed to the letter.


Employees should be allowed to be
It is still the Government’s intention,
accompanied at any formal disciplinary or
however, to encourage the early resolution of
grievance meeting by a work colleague or
workplace disputes and – from 6 April – this
trade union representative.
will be achieved by implementing a new Acas
Code of Practice for disciplinary and grievance
In disciplinary situations In grievance situations
procedures.
The Code aims to provide practical guidance Employers should carry out an investigation The employee should set out his/her
to employers and employees when handling to establish the facts before any disciplinary grievance in writing and give this to his/
disciplinary and grievance situations in the action is taken. her employer.
workplace, and sets out the basic requirements

If it is decided that there is a case to answer, The employer should hold a grievance
of fairness that will apply in most cases.
the employee must be informed of this in hearing at which the employee should be
Employment tribunals can take the Code
writing, with details of the allegations, the allowed to explain the grievance and how
into account when considering cases and will
possible consequences and copies of any s/he feels it could be resolved.
have the power to increase awards by up to
written evidence, and asked to attend a

The employer should then make a decision
25% for ‘unreasonable failure’ to comply with
disciplinary hearing at a given time and
about the grievance and communicate
any provision of the Code (our emphasis).
location.
this to the employee in writing and,
Conversely, if an employment tribunal feels

At the disciplinary hearing, the employer where appropriate, set out what action is
that an employee has unreasonably failed to
should explain the case against the employee to be taken to resolve the matter.
follow the Code, it can reduce an award by up
and go through the evidence gathered in the
to 25%.

The employee should also be informed of
investigation.
Advice to employers, therefore, must be to
his/her right to appeal. The process is the
ensure that the Code’s guidance and principles


The employee should then be allowed to same as for disciplinary situations.
are followed in all company procedures.
answer the allegations, ask questions and
call witnesses. Those familiar with the existing statutory
Key elements of the Code

After the hearing, the employer decides
procedures will see that the three-step
whether any disciplinary action is to be
procedure of ‘inform, meet and right of


It covers disciplinary and grievance
taken and the employee is informed in
appeal’ has been retained. It is hoped,
situations. Disciplinary situations include
writing.
however, that the less prescribed approach
misconduct and poor performance.

It would be usual for employers to give a
of the new Code will be a simpler and more
Grievances are problems or complaints
written warning, followed by a final written
flexible way of dealing with workplace
that individual employees raise with their
warning if the employee does not improve
disputes.
employers.
within a given period of time. If there is still
There are some complex transitional


Potential disciplinary or grievance issues
no improvement after a further period of
provisions. The current statutory procedures
should be resolved informally if at all
time, dismissal can follow.
will continue to apply after 6 April 2009 if:
possible.

If the issue is sufficiently serious, it may

On or before 5 April, the employer has


Consideration should be given to using an
be appropriate to move directly to a final
dismissed the employee or taken relevant
internal or external mediator.
written warning. Acts of gross misconduct
disciplinary action, or the employer is


Disciplinary and grievance rules should be may warrant dismissal without notice for a
part way through complying with the
set down in writing, be specific and clear, first offence.
procedure; or
and should be communicated and explained
A written warning must include details of

In the case of the statutory grievance
to managers and employees alike. This may
the improvement required, the timescale
procedure, the action that forms the
require training for those responsible for
and the likely consequences if this is not
basis of the employee’s complaint occurs
implementing the rules.
achieved.
wholly before 6 April 2009, or begins on

or before 5 April and continues beyond
Employees should be given the right to
that date, if the employee presents his
appeal and, if they wish to take this up, they
claim to the employment tribunal on or
should set out their grounds in writing.
before 4 July 2009 (or 4 October 2009 in

An appeal hearing should be held and the
the case of equal pay or redundancy pay
result communicated to the employee in
claims).
writing.

Where possible, different managers should The Code of Practice and accompanying
carry out the investigation, the disciplinary guidance can be found on the Acas website at
hearing and the appeal hearing. www.acas.org.uk.
This article is intended as a brief guidance note and professional advice should be obtained before
acting on any information contained in it.
For further information or to discuss any employment law or HR issue, please contact the
FPB’s member helpline on 0845 130 1722 or visit www.fpb.org.
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