Disciplinary procedures: the Acas Code, step by step.

The Acas Code of Practice on disciplinary and grievance procedures is the minimum an employer should follow when dealing with misconduct or poor performance. It mainly applies to employees, and employers can choose to use the same procedure for workers.

• A tribunal takes it into account. Failing to follow the Code doesn’t on its own make anyone liable, but a tribunal can adjust an award by up to 25% for an unreasonable failure to follow it.
• It doesn’t cover everything. It doesn’t apply to dismissals for redundancy, or to fixed-term contracts that end and aren’t renewed.
• Its principles: deal with issues promptly, act consistently, investigate, tell the person what the problem is, let them answer it and be accompanied at formal meetings, and allow an appeal.

• Without unreasonable delay. Establish the facts of each case before deciding anything.
• Different people, where you can. In a misconduct case, the person who investigates and the person who holds the disciplinary meeting should be different.
• An investigatory meeting is just that. It shouldn’t on its own lead to any disciplinary action. There’s no legal right to be accompanied at one, though your own procedure may allow it.
• Suspension. If suspension with pay is needed while you investigate, keep it as short as possible, review it, and make clear it isn’t disciplinary action.

If there’s a case to answer, write to the person. The letter should give enough detail of the alleged misconduct or poor performance, for them to prepare their answer. It’s usually right to include copies of any written evidence, such as witness statements.

It should also give the time and place of the meeting, and tell them they have the right to be accompanied.

• Soon, with time to prepare. Hold it without unreasonable delay, while giving them a reasonable time to prepare their case.
• Explain the case, and go through the evidence gathered.
• Let them answer. They can set out their case and answer the allegations, ask questions, present evidence and call relevant witnesses. Each side should say in advance if it intends to call witnesses.
• A companion. They may bring a fellow worker or a trade union representative. If that person can’t come, they can propose another time within five working days.
• If they don’t come. Where someone repeatedly fails to attend without good reason, you can decide on the evidence you have.

• Tell them the decision in writing.
• A first written warning is usual for a first act of misconduct or failure to perform. Further misconduct while it’s live usually leads to a final written warning.
• A serious first offence may justify going straight to a final written warning.
• A warning should say what the problem is, what has to improve and by when, how long it stays live, and what may happen if things don’t change.
• Dismissal should be decided only by a manager with the authority to do so. Tell the person the reasons, the date the job ends, the notice period and their right of appeal.
• Gross misconduct, such as theft, fraud, violence or gross negligence, can justify dismissal for a first offence without notice. A fair process should still always come first.

The person should appeal in writing, without unreasonable delay, saying why. The appeal should be dealt with impartially and, wherever possible, by a manager who wasn’t involved in the case before. They have the right to be accompanied at the appeal meeting, and the outcome should be confirmed in writing promptly.