Claiming an ACAS Uplift

Overview

If an employer unreasonably fails to follow the ACAS Code of Practice on disciplinary or grievance procedures, the Employment Tribunal can increase certain compensation awards by up to 25%.

This is known as an ACAS uplift. The same rule can also reduce compensation by up to 25% if the employee unreasonably failed to follow the Code.

When you can claim the uplift

• You submitted a formal grievance and your employer ignored it or failed to hold a grievance hearing.
• You were dismissed for performance or conduct, but the employer did not follow a fair disciplinary procedure, for example no warnings, no investigation, or no proper hearing.
• The employer denied you the right to be accompanied to a disciplinary or grievance hearing.
• The employer's failure to follow the Code of Practice was unreasonable.

When the uplift does NOT apply

• Redundancy dismissals, because the ACAS disciplinary and grievance Code does not apply to redundancies.
• Non-renewal of a fixed-term contract where there is no disciplinary or grievance issue.
• Ill-health dismissals where there is no disciplinary element.
• If the employer's failure to follow the Code was genuinely reasonable under the circumstances.

Common questions