ACAS compliant

Disciplinary Policy Template UK — ACAS Compliant

Your disciplinary procedure is the most scrutinised document if you ever face an employment tribunal. The ACAS Code of Practice on Disciplinary and Grievance Procedures is not law itself, but tribunals can increase awards by 25% if you fail to follow it.

Critical: Employment Rights Act 2025

From 2027, employees will have day-one unfair dismissal rights. This means your disciplinary procedure will be tested from the very start of employment, not after a 2-year qualifying period. Your procedure must be watertight.

ACAS Code requirements for disciplinary procedures

The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standards:

✓Establish the facts through investigation before taking action
✓Inform the employee in writing of the problem — specific allegations, not vague concerns
✓Hold a disciplinary hearing to discuss the problem
✓Allow the employee to be accompanied (Employment Relations Act 1999 s.10)
✓Decide on appropriate action at each stage
✓Provide the employee with an opportunity to appeal
✓Act consistently — similar cases should have similar outcomes
✓Do not dismiss for a first offence (except gross misconduct)

Disciplinary stages

Stage 1: Verbal/Oral Warning

For minor issues. Confirmed in writing. Typically remains on file for 6 months.

Stage 2: First Written Warning

For more serious issues or repeat minor issues. Sets out required improvement and timescale. Typically on file for 12 months.

Stage 3: Final Written Warning

For persistent issues or serious misconduct. Makes clear that further issues may result in dismissal. Typically on file for 12-24 months.

Stage 4: Dismissal

For continued issues after final warning, or summary dismissal for gross misconduct. Must follow full procedure including appeal.

Examples of gross misconduct

Gross misconduct justifies summary dismissal (without notice). Your policy should list examples, but make clear the list is not exhaustive:

§Theft, fraud, or dishonesty
§Physical violence or threats
§Serious bullying or harassment
§Deliberate damage to company property
§Serious breach of health and safety
§Being under the influence of drugs or alcohol at work
§Serious breach of confidence or data protection
§Bringing the company into serious disrepute

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