Breaching the ACAS code on disciplinary and grievances – the consequences!

For certain claims, the employment tribunal has the power to increase or reduce compensation if either party are found to have unreasonably failed to follow the ACAS code. This uplift or reduction can be up to a maximum of 25%. However, this only applies in claims made by Employees. The tribunal cannot adjust the level of compensation if the claim is brought by a worker or self-employed individuals. It should also be highlighted that this power can only be used in respect of certain claims, but this does include unfair dismissal and discrimination claims. It is therefore important that all employers ensure they follow the ACAS code, and that their own internal policies are consistent with this.