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The ACAS Code
Interactive Guide
The ACAS Codes of Practice set the minimum standard of fairness employers must follow. This guide explains what each part means - and how it applies to neurodivergent employees.
1. The five Codes of Practice
ACAS has issued five statutory Codes of Practice. Code 1 is the most widely used and sets the standard for disciplinary and grievance procedures. The remaining Codes cover trade union rights, settlement agreements, and flexible working.
Code 1
Disciplinary & Grievance Procedures
Fair process for managing conduct and complaints at work
Code 2
Disclosure to Trade Unions
Minimum standards for sharing information for collective bargaining
Code 3
Time Off for Trade Union Duties
Paid time off for union representatives to carry out their role
Code 4
Settlement Agreements
Voluntary, legally binding agreements to resolve disputes
Code 5
Flexible Working Requests
Every employee can request flexible working from day one
2. Core principles of fair procedure
Code 1 sets out principles that employers must follow to ensure fairness. These are not optional - failure to follow them can result in a tribunal uplift of up to 25%. Each principle must be adjusted for neurodivergent employees under the Equality Act 2010.
Principle
Establish the Facts
Carry out a fair and thorough investigation before any action
Principle
Inform in Writing
The employee must know the case against them before any meeting
Principle
Hold a Meeting
A fair hearing where the employee can respond to allegations
Principle
Decide on Action
Proportionate outcomes based on the evidence and circumstances
Principle
Act Promptly
Deal with issues without unreasonable delay
Principle
Act Consistently
Apply the same standards and process to everyone
Principle
Try Informal Resolution
Resolve issues early before they escalate to formal process
Principle
Raising a Grievance
Employees should raise concerns in writing to their employer
3. Statutory rights
Certain rights within the ACAS framework are backed by primary legislation. These are not discretionary - they are legal entitlements that apply regardless of employer policy.
Statutory Right
Right to Be Accompanied
Workers can bring a colleague or trade union representative
Statutory Right
Right to Appeal
Every employee can challenge a formal decision
Statutory Right
Right to Request Flexible Working
Every employee can request flexible working from day one
Statutory Right
Right Not to Be Unfairly Dismissed
Employees are protected from dismissal without fair reason and process
4. Enforcement and good practice
The ACAS Code has real consequences. Tribunals can adjust awards by up to 25% for unreasonable failure to follow it. Good practice goes beyond compliance - it means building inclusive processes by default.
Awareness
Masking and Delayed Distress
Neurodivergent employees may appear fine in meetings but be in crisis
Enforcement
Tribunal Uplift (25%)
Unreasonable failure to follow the Code can increase or reduce awards
Good Practice
What Good Looks Like
Practical steps employers can take to follow the Code inclusively
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