A Jamie HR manager's guide

The manager's guide to disciplinary and grievance handling

A practical guide for managers and small businesses on following the ACAS Code of Practice: the disciplinary process, the grievance process, the right to be accompanied, appeals, written records, and what changes for short-service employees from 2027.
ACAS Code, step by step
Right to be accompanied
Up to 25% tribunal uplift

The ACAS Code of Practice sets the minimum fair process for handling discipline and grievances.

This guide sets out the steps the ACAS Code of Practice on disciplinary and grievance procedures asks you to follow, the statutory right to be accompanied, how appeals should be handled, the tribunal consequences of an unreasonable failure to follow the Code, and how it applies to short-service and probationary employees, including the change to the unfair dismissal qualifying period from January 2027.

What's inside
What the ACAS Code covers3
The disciplinary process, step by step4
The right to be accompanied5
Suspension during an investigation6
The grievance process, step by step7
Handling appeals fairly8
Getting it wrong: the tribunal uplift9
Keep a written record at every stage10
Short service and probation11
Getting disciplinary and grievance handling right12
How Jamie HR helps13

What the ACAS Code covers

The ACAS Code of Practice on disciplinary and grievance procedures sets the minimum fair process for both.
  • The Code is a statutory Code of Practice, issued under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992.
  • It has applied since 11 March 2015 to how employers and employees handle disciplinary action and grievances at work.
  • The Code does not apply to dismissals for redundancy or to the non-renewal of a fixed-term contract on its expiry.
  • It does not set a minimum length of service before it applies to a disciplinary or grievance case.
  • Employment tribunals take the size and resources of the employer into account when deciding relevant cases, under the Code's own guidance.
Manager tip
Keep a note of which stage of the Code you have reached for each case: investigation, written notice, meeting, decision or appeal, so no step is missed.

The disciplinary process, step by step

The Code sets six steps for handling a disciplinary case fairly.
  • Establish the facts through an investigation before deciding whether to take disciplinary action.
  • Inform the employee in writing of the alleged misconduct or poor performance, with enough information to respond, including copies of the evidence.
  • Advise the employee of their right to be accompanied in that written notification.
  • Hold a meeting so the employee can set out their case and respond to the allegations.
  • Decide on appropriate action based on the facts, and confirm the decision to the employee in writing.
  • Give the employee the right to appeal, and confirm how to do so.
Watch out
Deciding the outcome before the meeting, or missing a step such as the written notice or the appeal, is the kind of unreasonable failure a tribunal can adjust an award for.

The right to be accompanied

Employees have a statutory right to bring a companion to a formal disciplinary or grievance hearing.
  • The right is set out in section 10 of the Employment Relations Act 1999.
  • A companion can be a fellow worker, a trade union representative, or an official employed by a trade union.
  • The companion can address the hearing to put and sum up the employee's case, and respond on their behalf, but cannot answer questions for them.
  • If the chosen companion is not available at the proposed time, postpone the hearing to a time the employee proposes, provided it is reasonable and falls within five working days of the original date.
Manager tip
Tell the employee of their right to be accompanied when you write to invite them to the meeting, so they have time to arrange a companion.

Suspension during an investigation

Suspension is sometimes needed while facts are established, but it is not part of the disciplinary sanction.
  • The Code states that suspension should not be considered a disciplinary action.
  • Before suspending, check whether the investigation can proceed without it.
  • Keep any suspension as brief as possible and under review.
  • Confirm the suspension to the employee in writing, including the reason and that it is not a disciplinary sanction.

The grievance process, step by step

The Code sets a parallel process for grievances, concerns or complaints an employee raises.
  • Grievances are concerns, problems or complaints that employees raise with their employer.
  • The employee should raise the grievance formally and in writing, without unreasonable delay.
  • Hold a meeting without unreasonable delay so the employee can explain the grievance.
  • The employee has the same statutory right to be accompanied at a grievance meeting as at a disciplinary meeting.
  • Decide on the appropriate action and communicate it to the employee in writing, without unreasonable delay.
  • If the grievance is not resolved, give the employee the right to appeal the decision.
Manager tip
ACAS guidance encourages resolving a concern informally first, and using this formal procedure once that has not resolved it.

Handling appeals fairly

An appeal is the employee's opportunity to challenge a disciplinary or grievance decision.
  • Deal with the appeal impartially.
  • Wherever possible, have a manager who was not previously involved in the case hear the appeal.
  • The same right to be accompanied applies at an appeal hearing as at the original meeting.
  • Confirm the outcome of the appeal to the employee in writing without unreasonable delay.

Getting it wrong: the tribunal uplift

An unreasonable failure to follow the Code has a direct financial consequence at tribunal.
  • Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, a tribunal can adjust an award by up to 25 per cent for an unreasonable failure to follow the Code.
  • The adjustment can increase an award against the employer, or reduce an award against the employee, depending on whose failure was unreasonable.
  • Tribunals decide the adjustment on what is just and equitable in the circumstances.
  • The adjustment applies to a range of tribunal claims, including unfair dismissal and Equality Act discrimination claims, not only to claims with a length-of-service qualifying period.
Watch out
A tribunal can increase an award against you by up to 25 per cent for an unreasonable failure to follow the Code, on top of any finding already made against you.

Keep a written record at every stage

ACAS guidance recommends keeping a written record of every disciplinary or grievance case.
  • ACAS guidance states that employers would be well advised to keep a written record of any disciplinary or grievance case they deal with.
  • Record the investigation, the written notice, what was discussed at each meeting, the decision, and any appeal.
  • Keep records secure and limit access to those who need them.
  • Where a grievance is raised during a disciplinary process, the Code allows the disciplinary process to be paused to deal with the grievance, or for the two to be dealt with together if they are related.

Short service and probation

The Code applies to a disciplinary or grievance case at any stage of employment, including during probation.
  • The Code does not set a minimum length of service before it applies to a disciplinary or grievance case.
  • Right now, an employee normally needs two years' continuous service to bring an ordinary unfair dismissal claim.
  • From 1 January 2027, that qualifying period reduces to six months, under the Employment Rights Act 2025.
  • Claims that have never had a qualifying period, such as Equality Act discrimination claims and whistleblowing detriment claims, apply from day one regardless of length of service or probation.
  • Follow the Code's steps for any formal disciplinary or grievance case during probation; the process does not change because service is short.
Watch out
From 1 January 2027, employees will gain unfair dismissal protection once they reach six months' service rather than two years, so a case raised during probation is increasingly likely to fall within the qualifying period. Review your probation process ahead of this change and take advice on individual cases.

Getting disciplinary and grievance handling right

A summary of the essentials covered in this guide:
  • Follow the Code's six disciplinary steps: investigate, inform in writing, meet, allow a companion, decide and confirm in writing, and offer an appeal.
  • Follow the Code's five grievance steps: raise in writing, meet without unreasonable delay, allow a companion, decide and respond in writing, and offer an appeal.
  • Tell the employee of their right to be accompanied at every formal meeting.
  • Keep any suspension brief, under review, and confirmed in writing as not a disciplinary sanction.
  • Keep a written record of every stage; a tribunal can adjust an award by up to 25 per cent for an unreasonable failure to follow the Code.
  • Apply the same process regardless of length of service, and prepare for the unfair dismissal qualifying period change in January 2027.

How Jamie HR helps

Jamie HR keeps every disciplinary and grievance case documented and on track, from first investigation note to final appeal.
  • Case records that log every step of a disciplinary or grievance case in one place.
  • Letter templates for invitations, outcomes and appeal decisions, ready to adapt and send.
  • Meeting notes and evidence stored securely against the employee record.
  • Policy library so managers can apply the same fair process across the business.
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This guide is general information, accurate to the best of our knowledge as of 2026, and is not legal advice. Employment law changes and every situation is different, so for a specific case take professional HR or legal advice. Sources: ACAS and the Trade Union and Labour Relations (Consolidation) Act 1992.