ACAS Code of Practice

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A - ACAS Code of Practice

SECTION GUIDE

What does the ACAS Code of Practice mean in HR?

  • Clear definition: A structured set of rules designed to ensure workplace disputes are handled fairly, transparently, and consistently.
  • UK legal relevance: While not law, the Code is closely linked to the Employment Rights Act 1996, the Employment Relations Act 1999, and the Employment Tribunals Act 1996. Its principles help demonstrate that employers are acting reasonably.
  •  Practical application: Most commonly referenced in cases of disciplinary hearings, grievance investigations, and dismissals. The Code provides a fair process framework that protects both employees and employers.
  • Variations: There are several Codes of Practice, including:
    •  Disciplinary and Grievance Procedures (most widely used)
    •  Disclosure of Information to Trade Unions
    • Settlement Agreements
    •  Handling Redundancies
  • Tribunal context: Employment tribunals will look at whether the Code was followed when assessing claims such as unfair dismissal, constructive dismissal, or breach of procedure.
  • Why does the ACAS Code of Practice matter for your business?

    • Compliance risk: Ignoring the Code can expose organisations to costly tribunal claims. For example, if an employee is dismissed without a fair hearing, a tribunal may increase compensation by up to 25%.
    • Consistency: Following the Code ensures that employees are treated equally, helping prevent discrimination or bias.
    • Reputation management: Companies that follow best practice are seen as fair and responsible employers, strengthening their employer brand.
    • Employee relations: Transparent and fair processes improve employee trust and engagement. Staff are more likely to raise concerns internally rather than escalating them legally.
    • Strategic advantage: Businesses that embed the Code into everyday HR practices experience fewer disputes, reduced absence, and stronger retention rates.
  • ACAS Code of Practice – best practices for employers

    To meet the standards of the ACAS Code of Practice, employers should:

    • Create robust policies: Draft disciplinary and grievance policies that align directly with the ACAS Code. These should be shared with staff and regularly updated.
    • Communicate clearly: Ensure employees know how to raise a grievance and what the process will be. Clarity prevents misunderstandings.
    • Follow a staged process: In disciplinary cases, this usually means investigation → written notice of hearing → meeting → decision → right of appeal.
    • Document everything: Keep accurate records of meetings, evidence, decisions, and communications. These documents are vital if the case reaches a tribunal.
    • Provide training: Line managers should be trained in how to conduct investigations, hearings, and appeals in line with the Code.
    • Use mediation where possible: ACAS strongly encourages informal resolution or mediation before matters escalate.
    • Seek HR support: External HR consultants or legal advisors can provide objective guidance, especially in complex or high-risk cases.

Your Questions Answered

FAQs on ACAS Code of Practice

  • What role does ACAS play in employee relations?Reveal

    ACAS provides guidance, codes of practice, and conciliation services in workplace disputes. Following their guidance strengthens compliance.

  • Who’s responsible for applying the Code?Reveal

    • Line managers: First point of contact for handling day-to-day issues.
    • HR teams: Ensure policies are compliant and advise managers.
    • Directors/owners: Legally accountable for ensuring fair treatment across the organisation.
  • What systems or tools help with compliance?Reveal

    HR case management software, employee handbooks, template letters, and external HR consultancy support can all ensure consistency and compliance.

  • How can I reduce ACAS Code-related risks in my business?Reveal

    By having clear policies, keeping processes transparent, training managers, and documenting every step of a disciplinary or grievance case.

  • Can I dismiss someone without following the ACAS Code?Reveal

    Technically yes, but this is highly risky. Dismissing without following a fair process is one of the most common reasons employers lose unfair dismissal cases.

  • What’s the legal minimum standard for the ACAS Code of Practice?Reveal

    The Code itself is not law, but tribunals expect employers to follow it. Failure to do so can lead to higher compensation awards against you.

Where to find out more A collection of hand-picked useful resources for the ACAS Code of Practice from impact HR and beyond

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