ACAS Code of Practice 2026 — Disciplinary and Grievance Procedures Explained | Ark Advocacy

ACAS Code of Practice 2026 — Disciplinary and Grievance Procedures Explained

If you are facing a disciplinary process, raising a grievance, or trying to understand whether your employer is handling a workplace situation fairly, the ACAS Code of Practice is one of the most important documents you need to know about.

Most employees in Scotland have heard of ACAS but are not sure what the Code actually says, what it requires of employers, or what happens when employers fail to follow it. This guide explains the ACAS Code of Practice in plain English — what it covers, how it applies in Scotland in 2026, and why it matters to your situation right now.

What Is the ACAS Code of Practice?

The ACAS Code of Practice on Disciplinary and Grievance Procedures is official guidance produced by the Advisory, Conciliation and Arbitration Service (ACAS). It sets out the minimum standards of fairness that employers across Great Britain — including Scotland — are expected to follow when handling disciplinary matters or employee grievances.

You can read the full Code directly on the ACAS website.

Although the Code itself is not a piece of legislation, it carries significant legal weight. Employment tribunals are required by law to take it into account when assessing whether an employer acted fairly. In practice, it is the benchmark against which employer conduct is measured in the vast majority of disciplinary and grievance cases.

The Code covers two main situations:

Disciplinary procedures — when an employer has concerns about an employee's conduct or performance
Grievance procedures — when an employee raises a formal concern about their workplace or treatment

Its purpose is to ensure workplace problems are handled fairly, consistently, and without unnecessary delay.

Does the ACAS Code Apply in Scotland in 2026?

Yes. The ACAS Code of Practice applies in full to all workplaces in Scotland, England, and Wales. There is no Scottish-specific equivalent — the same Code and the same standards apply regardless of where in Great Britain you are employed.

The Code remains in force in 2026 and continues to be the primary benchmark for fair procedure in disciplinary and grievance cases. Employment tribunals in Scotland apply it in exactly the same way as tribunals elsewhere in Great Britain.

One important development for 2026 relates to the Employment Rights Act 2025, which received Royal Assent on 18 December 2025. The Act introduced a number of significant changes to employment rights, with further provisions coming into force throughout 2026 and 2027. The ACAS Code continues to sit alongside these new rights — it sets the procedural standard, while the Act creates and extends the substantive rights employees can rely on.

Why the ACAS Code Matters — The 25 Percent Uplift

The single most important practical consequence of the ACAS Code for employees is the compensation uplift provision.

If an employment tribunal finds that an employer has unreasonably failed to follow the ACAS Code, it has the power to increase any compensation awarded to the employee by up to 25 percent.

This applies in both directions — if an employee unreasonably fails to follow the Code, a tribunal can reduce any award by up to 25 percent. But in the majority of cases where the Code becomes relevant at tribunal, it is the employer's failure to follow it that is at issue.

This makes the Code extremely significant in practice, for two reasons:

First, it means that procedural failures by your employer are not just relevant to whether the process felt fair — they can directly affect the financial outcome of any claim.

Second, it means that identifying and documenting where your employer has departed from the Code is a concrete and quantifiable step in building your case — not just a technical argument.

This is one of the reasons Ark Advocacy's approach focuses on procedural analysis alongside your employer's own internal policies. The two standards work together — the ACAS Code sets the floor, and your employer's own procedure may set a higher standard still.

You can read more about what happens when your employer fails to follow their own procedure in our guide to
Your Employer Isn't Following Their Own Procedure — What You Can Do About It

Core Principles of the ACAS Code

The ACAS Code is built on a set of core principles of fair workplace practice. These apply at every stage of a disciplinary or grievance process.

Deal with issues promptly and fairly

Employers should not let concerns drift. Issues should be identified and addressed without unnecessary delay, but also without rushing an employee through a process before they have had a proper opportunity to respond.

Carry out a proper investigation

Before any disciplinary action is taken, the employer must carry out a reasonable investigation to establish the facts. This means gathering relevant evidence, speaking to witnesses where appropriate, and forming a balanced view of what happened — not just building a case against the employee.

You can read more about what a fair investigation should involve in our guide to
Workplace Investigation Process in Scotland — What Happens First?

Inform the employee in writing

The employee must be told in writing what the concerns are before any formal hearing takes place. This notification should include enough detail to allow the employee to understand the allegations and prepare a proper response. Providing evidence in advance — rather than presenting it for the first time at the hearing — is part of this requirement.

Allow the employee to be accompanied

At any formal disciplinary or grievance hearing, the employee has the statutory right under the Employment Relations Act 1999 to be accompanied by a work colleague or trade union representative. This right cannot be removed by the employer.

You can read more about this right and when it applies in our guide to
Your Right to Be Accompanied at Work Hearings

Allow the employee to explain their position

The purpose of a disciplinary or grievance hearing is not to confirm a decision that has already been made — it is to hear the employee's response to the concerns. The employee must be given a genuine and meaningful opportunity to put their case before any decision is reached.

Issue decisions in writing

Outcomes of disciplinary and grievance processes must be communicated to the employee in writing. Written outcomes should state what the decision is, the reasons for it, and what the employee's right of appeal is.

Provide a right of appeal

Both disciplinary and grievance outcomes must be accompanied by a right of appeal. The appeal should be handled by someone who was not involved in the original decision, and it should be a genuine reconsideration — not simply a review of whether the paperwork was completed correctly.

You can read more in our guide to
How to Appeal a Disciplinary or Grievance Outcome (Scotland)

What a Fair Disciplinary Procedure Should Look Like

A disciplinary process that follows the ACAS Code should, in most cases, work through a clear and structured sequence of steps.

Before any formal process begins

ACAS guidance is clear that informal steps should ordinarily be taken before any formal process begins. For most concerns about conduct or performance, a manager should raise the issue informally, give the employee an opportunity to respond, and allow a reasonable period before escalating to a formal stage.

If your employer has moved directly to a formal disciplinary without any prior informal discussions, that may be a departure from the ACAS Code.

Investigation

Once a formal process begins, your employer should carry out a reasonable investigation before inviting you to a hearing. This should be conducted by someone who is not the same person who will chair the disciplinary hearing, to ensure the decision is made without prior bias.

Written notification

You should receive written notification of the concerns before the hearing, with enough detail to prepare your response, and with relevant documents provided in advance.

The hearing

At the hearing itself, you have the right to be accompanied, the right to hear and respond to the concerns, and the right to ask questions. The hearing is not a formality — it must be a genuine opportunity for you to put your case.

Outcome and appeal

The outcome must be communicated in writing, with reasons. You must be given the right to appeal.

You can read more about what to expect at a formal hearing in our guide to
Facing a Disciplinary Hearing? Here's What to Expect

What a Fair Grievance Procedure Should Look Like

When an employee raises a formal grievance, the ACAS Code requires that the employer handles it in a structured and fair way.

Informal resolution first

Where possible, the employer should attempt to resolve the concern informally before a formal grievance is raised. Not every concern needs to go through a formal process, and early informal resolution is often in both parties' interests.

Formal grievance hearing

If informal resolution is not possible or appropriate, the employer should arrange a formal grievance hearing. As with disciplinary hearings, the employee has the right to be accompanied and must be given a proper opportunity to explain their concern.

Written outcome and right of appeal

The outcome of the grievance must be communicated in writing, with reasons, and the employee must be given the right to appeal.

Common concerns that lead to formal grievances include:

bullying or harassment at work
unfair or discriminatory treatment
concerns about pay or working conditions
feeling forced out of a role or pressured to resign
the way a disciplinary process is being conducted

You can read more about when to raise a grievance and how to do it in our guides to
When to Raise a Formal Grievance at Work in Scotland and
How the Grievance Procedure Works in Scotland

The ACAS Code and Your Employer's Own Procedure

An important distinction that many employees miss is the relationship between the ACAS Code and their employer's own internal procedure.

The ACAS Code sets the minimum standard. Your employer's own disciplinary or grievance procedure may set a higher standard — giving you more rights, more notice, or additional steps beyond what the Code requires.

When assessing whether your employer acted fairly, both the Code and your employer's own procedure are relevant. An employer who follows the ACAS Code but departs significantly from their own stated procedure may still have acted unfairly — particularly if that departure affected your ability to respond.

This is the distinction that matters most in practice. A written policy that promises a specific process, followed by conduct that departs from it, is the most common source of procedural failure in disciplinary and grievance cases.

Common Ways Employers Fail to Follow the ACAS Code

Understanding what departures from the Code look like in practice helps you identify whether something has gone wrong in your own situation.

Common failures include:

moving to a formal process without any prior informal steps
carrying out a superficial investigation that does not gather relevant evidence
failing to provide written details of the concerns before a hearing
denying or discouraging the right to be accompanied
using the same person to investigate and decide the outcome
issuing an outcome without proper reasons
failing to provide a genuine right of appeal
allowing the same manager to conduct the original process and the appeal

If any of these have occurred in your situation, that departure from the Code is worth documenting and, where appropriate, raising formally.

Start Your Record Immediately

If you are currently in a disciplinary or grievance process, starting a written record now — if you have not already — is one of the most important steps you can take.

A contemporaneous timeline is a running log of events made at the time they happen. Notes made as things happen carry significantly more weight than recollections written weeks later. For each relevant event, note:

the date, time, and location
what happened or what was said, as accurately as possible
who was involved or present
how it affected you
any action you took and any response you received

Alongside your notes, keep copies of:

all letters and emails relating to the process
any documents provided to you before a hearing
your employer's disciplinary and grievance policies
your employment contract
any previous appraisals or performance reviews relevant to the concerns

Keep everything on a personal device and a personal email account, not on work equipment or systems.

What to Do If Your Employer Is Not Following the ACAS Code

If you believe your employer is not following the ACAS Code, there are practical steps you can take.

Raise concerns in writing at the time. If you identify a departure from the Code during a process — for example, not being given enough notice, not receiving documents in advance, or being denied accompaniment — raise it in writing as it happens. A concern raised at the time is significantly more credible than one raised after the fact.

Do not assume it is too late. Departures from the Code can be raised during the process, at appeal, or as part of a tribunal claim. The fact that a process has moved forward does not mean earlier procedural failures are no longer relevant.

Seek independent advice. Understanding which departures from the Code are significant, and how to raise them effectively, is something that benefits from an outside perspective — particularly one that can read both the Code and your employer's own procedure together.

Support Is Available

Understanding the ACAS Code and how it applies to your specific situation can make a significant difference to how you approach a workplace dispute — and to the outcome.

Many employees across Scotland — including those in Glasgow, Edinburgh, and surrounding areas — find themselves in disciplinary or grievance processes without a clear understanding of what their employer is and is not required to do. That information is available, and knowing it early is an advantage.

How Ark Advocacy Can Help

Ark Advocacy analyses both the ACAS Code and your employer's own internal policies to identify exactly where management has fallen short of the standards they are required to meet. That written analysis is often the most powerful tool available in a disciplinary hearing, a grievance, or an employment tribunal claim.

If you are currently facing a disciplinary process or raising a grievance, we can help you:

understand how the ACAS Code applies to your specific situation
identify whether your employer has departed from the Code at any stage of the process
review your employer's own policies for departures from both the Code and their stated procedure
prepare a written response that puts procedural failures on the record
prepare for a formal hearing with a clear understanding of the procedural ground you stand on
attend a hearing with you as your representative where appropriate
assess whether procedural failures in your case are relevant to an employment tribunal claim

Get in touch with Ark Advocacy Scotland to find out how we can help.

FAQ

Does the ACAS Code of Practice apply in Scotland in 2026?

Yes. The ACAS Code of Practice applies in full to all workplaces in Scotland, England, and Wales. The same standards apply regardless of where in Great Britain you are employed, and employment tribunals in Scotland apply the Code in exactly the same way as tribunals elsewhere.

What happens if my employer doesn't follow the ACAS Code?

If an employment tribunal finds that an employer unreasonably failed to follow the ACAS Code, it can increase any compensation awarded to the employee by up to 25 percent. Beyond the financial impact, a failure to follow the Code is also directly relevant to whether any dismissal or disciplinary outcome was fair.

Does the ACAS Code apply to all employers in Scotland?

The Code applies to the vast majority of employers. It covers both private and public sector workplaces and applies regardless of the size of the organisation. Some very small employers may have less formal procedures, but the core principles of fairness — investigation, notification, hearing, and appeal — apply regardless.

Is the ACAS Code the same as my employer's disciplinary procedure?

No. The ACAS Code sets the minimum standard expected of all employers. Your employer's own disciplinary or grievance procedure may set a higher standard. Both are relevant — and an employer can act unfairly by departing from their own procedure even if they have broadly followed the Code.

Can I refer to the ACAS Code during my disciplinary hearing?

Yes. You are entitled to refer to the ACAS Code during a disciplinary or grievance hearing to identify where the process has not met the expected standard. Putting those points formally on the record at the hearing is more effective than raising them only afterwards.

What is the difference between the ACAS Code and ACAS guidance?

The ACAS Code of Practice on Disciplinary and Grievance Procedures is a statutory code — employment tribunals are required to take it into account. ACAS also produces a range of non-statutory guidance documents which provide further detail and practical advice but do not carry the same legal weight as the Code itself.

Does the ACAS Code cover performance improvement plans?

The Code covers capability procedures as well as disciplinary ones, which means it applies to performance-related processes including PIPs. An employer placing an employee on a performance improvement plan is still expected to act reasonably and to follow the core principles of fair procedure.

What if my employer followed the ACAS Code but the process still felt unfair?

Following the Code in a formal sense does not guarantee that the process was genuinely fair. Employers sometimes complete the required procedural steps in a superficial or one-sided way. In those situations, it is worth examining whether each step was carried out properly in substance — not just whether it was recorded as having taken place.

Disclaimer: This article provides general information and is not legal advice. Employment situations are fact-specific, and strict time limits can apply.

About the Author

Ark Advocacy provides structured workplace support for employees across Scotland facing investigations, disciplinaries, grievances, and dismissal processes.

All articles are written and reviewed using recognised UK workplace procedure standards, including ACAS Code of Practice guidance where applicable.

ACAS Code of Practice 2026 — Disciplinary and Grievance Procedures Explained