The next step

The guide to disciplinary and grievance procedures

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Acas’ five Codes of Practice

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The difference between the Acas codes and guides

Codes of Practice

Acas has five Codes of Practice (see The next step ). These are its:

• Code of Practice 1 on disciplinary and grievance procedures
• Code of Practice 2 on disclosure of information to trade unions for collective bargaining purposes
• Code of Practice 3 on time off for trade union duties and activities
• Code of Practice 4 on settlement agreements
• Code of Practice 5 on handling in a reasonable manner requests to work flexibly.

Guide documents

Additionally, Acas has various guide documents, with the best known being its guide to disciplinary and grievance procedures (see The next step ).

Other Acas guide topics include managing redundancy for pregnant employees or those on maternity leave, challenging conversations and conducting workplace investigations.

Spot the difference

But what’s the difference between an Acas Code of Practice and a guide document and are you expected to follow them to the letter? All five of the Acas Codes of Practice set out core principles and outline employees’ rights, i.e. they provide a framework.

Each of the codes also has what’s known as “statutory force”. This means that employers are expected to follow them to the letter and the tribunal must take them into account when determining the outcome of a case where one of the Acas codes applies.

Maximum uplift

When it comes to disciplinary and grievance procedures, employers can be hit with a maximum 25% uplift on the compensation that’s awarded if they unreasonably failed to follow Acas Code of Practice 1.

No statutory force

On the other hand, Acas’ guide documents have no statutory force. Therefore, the tribunal is not obliged to have regard to them when determining the outcome of a case.

Whilst employers are encouraged to follow the advice in a guide document, they are not bound to do so and it may be that the advice in a guide is irrelevant to an employer or impossible for it to follow, e.g. due to limited resources.

The nature and force of the Acas Codes and guides are often confused and they may be generically - and wrongly - referred to as “Acas guidance”.

Tip. If an employee complains that you “haven’t followed Acas’ guidance” on a particular matter, ask them to clarify in writing what they mean and provide either a link to, or an extract from, the document(s) which they are referring to. If it turns out that they are referring to an Acas guide, you can advise them that, although these may be considered good practice, you are not actually obliged to follow them.

For Acas’ five Codes of Practice and the guide to disciplinary and grievance procedures, visit https://www.tips-and-advice.co.uk , Download Zone, year 24, issue 16.