The ACAS Uplift Up to 25% Extra for Procedural Breaches

If your employer failed to follow the ACAS Code when dismissing you, the tribunal can increase your compensation by up to 25% as a penalty for unfair conduct.

What is the ACAS uplift?

The ACAS uplift is an increase in compensation (up to 25%) awarded where the employer failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. If the employer dismissed you or treated you unfairly without following proper procedures, the tribunal can uplift your compensation as a penalty and encouragement for better conduct.

What is the ACAS Code of Practice?

The ACAS Code sets out the fairness standards for discipline and grievance procedures. Key principles: inform the employee of the complaint in writing, hold a meeting where they can respond, allow them to be accompanied, conduct a fair investigation, give them the right to appeal. Failure to follow these steps can trigger an uplift.

Which claims are affected by the ACAS uplift?

The uplift applies to unfair dismissal, wrongful dismissal, and some breach of contract claims. It does NOT apply to: redundancy (selection for redundancy can be unfair but uplift does not apply), discrimination claims (different rules apply), or any other claim where disciplinary/grievance procedures are not relevant.

What is the maximum uplift?

Up to 25% increase in compensation. The tribunal exercises discretion on whether to uplift and by how much (0–25%). Factors: how serious was the breach of the Code, was there genuine procedural unfairness, did the claimant suffer additional harm because of the breach.

Can the uplift be reduced if I did not follow the ACAS Code?

Yes — the tribunal can also apply a corresponding 25% REDUCTION in compensation if YOU (the employee/claimant) unreasonably failed to follow the ACAS Code, for example by refusing to attend a meeting, ignoring steps in the grievance process, or behaving unreasonably during disciplinary procedures.

How does the tribunal decide the uplift percentage?

The tribunal considers the seriousness of the employer's breach: Was the employee informed of allegations? Were they given a fair hearing? Was the investigation adequate? Were the reasons for dismissal explained clearly? Minor procedural issues might warrant 5–10% uplift. Serious breaches (dismissing without investigation, no right to appeal) might be 15–25%.

What is the difference between the uplift and injury to feelings?

Injury to feelings (in discrimination claims) compensates emotional harm from discrimination itself. The ACAS uplift is a penalty on TOP of any compensation awarded for the unfair dismissal, recognising the procedural unfairness in how the dismissal was handled. They are separate and the uplift can apply to unfair dismissal claims that do not involve discrimination.

Can I claim uplift if I resigned due to the employer's conduct?

Yes — if you resigned and pursue a constructive dismissal claim (employer's breach of contract forced you to leave), an ACAS uplift can apply if the employer failed to follow the Code in the lead-up to your resignation. This is less common but possible.

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Up to 25% Extra for Procedural Breaches

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What Is the ACAS Code of Practice?

The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum fairness standards that employers should follow when disciplining or dismissing employees, or when handling employee complaints. It is not legal statute, but tribunals treat it as the benchmark for fair procedure.

Key principles of the ACAS Code:

The employer must inform the employee in writing of the complaint or concerns against them. The notification must be clear and specific.
The employer should conduct a proper investigation (if allegations are in dispute). This means gathering evidence, speaking to witnesses, and considering both sides.
The employee must be given the opportunity to attend a meeting with their manager/employer to discuss the complaint and respond. The employee should be told the basis of the complaint beforehand.
Right to be accompanied:
The employee has the right to be accompanied by a colleague or trade union representative at the meeting. The employer must allow this.
The employer should take reasonable steps to establish the facts before deciding whether to discipline or dismiss.
Procedural fairness:
The decision (discipline/dismissal) must be based on the information gathered. The employee must be told the decision and the reasons.
The employee must be given the right to appeal the decision, including the opportunity to attend an appeal meeting.

Important distinction:

The ACAS Code is NOT law — it is a code of practice. Failure to follow it does not automatically make a dismissal unfair. However, breach of the Code is a significant factor the tribunal considers when deciding whether the dismissal was unfair. It also triggers the uplift.

When Does the ACAS Uplift Apply?

The uplift applies to unfair dismissal and related claims, but NOT to all employment claims.

• Unfair dismissal claims
• Wrongful dismissal (breach of contract) claims
• Constructive dismissal claims (resignation after breach)
• Some other claims arising from dismissal where procedure matters

Uplift does NOT apply to:

• Discrimination claims (different procedure rules apply)
• Redundancy claims (selection rules different from discipline)
• Unpaid wages or holiday pay claims
• Breach of contract (non-dismissal)
• Health and safety/whistleblowing (different protection)
• Claims that don't involve dismissal or grievance

Common Breaches of the ACAS Code

Here are the procedural failures that most frequently trigger an uplift.

Dismissal without investigation

The employer dismisses you for alleged misconduct without speaking to you or investigating. For example, theft allegations and you are dismissed immediately without being given the chance to explain or present evidence. This is a serious breach.

No disciplinary meeting

You receive a dismissal letter without being invited to a meeting to discuss the complaint. You had no opportunity to respond or present your case. Clear breach.

Unaccompanied meeting

You ask to bring a union representative or colleague but the employer refuses. This is a breach of the right to be accompanied (unless an exceptional circumstance applies, which is rare).

The employer dismisses you and does not offer any right of appeal or review. You are left with no recourse within the company.

Unfair appeal process

You do have a right of appeal, but the appeal is a sham: the same manager who dismissed you hears the appeal, or the decision is overturned without proper reconsideration of the evidence.

Inadequate investigation

The employer claims to have investigated but did not speak to key witnesses, ignored obvious evidence in your favour, or failed to address contradictions in the allegations.

You are given the allegations the day before (or day of) the meeting, not giving you reasonable time to prepare a response. Reasonable notice is usually at least 3–5 working days.

How the Uplift Is Calculated

The tribunal decides whether to apply an uplift and by what percentage. It is a discretionary decision.

Uplifted Compensation = (Compensation Award) × (1 + Uplift %)

Example: You are awarded £15,000 for unfair dismissal. The tribunal finds a serious breach of the ACAS Code and applies a 15% uplift.

Uplifted award = £15,000 × 1.15 = £17,250

Deciding the percentage:

The tribunal considers:

Seriousness of the breach:
Was it a minor procedural slip or a fundamental fairness failure?
Impact on the claimant:
Did the breach cause additional harm (stress, damage to reputation, loss of opportunity to explain)?
Was the breach deliberately to disadvantage you, or was it negligence/ignorance?
The uplift must be proportionate. A 25% uplift is reserved for very serious breaches.

Typical uplift percentages:

Minor breach (5–10%):

Procedural irregularity but employee still got a fair overall process. Example: meeting arranged with 2 days' notice (should be 3–5) but employee was still heard fairly.

Moderate breach (10–18%):

Significant procedural failure affecting fairness. Example: investigation was inadequate, or you were not allowed a companion.

Serious breach (18–25%):

Fundamental breach of the Code. Example: dismissed without investigation, no meeting, no right of appeal.

The Flip Side: Reduction for YOUR Breach of the Code

The ACAS uplift can work both ways. If YOU breached the Code, the tribunal can reduce your compensation by up to 25%.

Examples of claimant breaches:

Refusing to attend the disciplinary meeting:
If you deliberately avoid or refuse to attend without good reason, you breach the Code by not participating in the process.
Behaving abusively at a meeting:
Gross rudeness, threatening behaviour, or refusal to engage seriously at the meeting can constitute a breach.
Not following the grievance procedure:
If there is a formal grievance procedure and you ignore it or refuse to participate, this may be a breach.
Raising false allegations:
If you raise a grievance with allegations you know to be false, this could constitute a breach.

Reductions for claimant breaches are less common than uplifts for employer breaches. Simply making a complaint or failing to attend a meeting without a good reason is not enough. The breach must be significant and genuinely unfair — for example, deliberately missing a meeting while offering no apology or explanation.

Defending against a reduction:

If the employer argues that you breached the Code, you should explain:

Why you could not attend a meeting (illness, caring responsibilities)
Why you behaved as you did (provocation, distress)
That you followed the process to the best of your ability given circumstances

Gathering Evidence of ACAS Code Breach

To convince the tribunal that an uplift should apply, document the procedural failures.

Email correspondence:

Emails requesting a meeting, raising concerns about process
Manager's responses (or lack thereof)
Emails about requesting a companion or appeal

Formal letters and notices:

The allegations letter (or lack of one)
The disciplinary hearing notice (dates, timing)
The dismissal letter
Any appeal letter (or evidence none was offered)
Your notes from the disciplinary meeting (what was said, by whom)
The employer's meeting notes (if you can obtain them via disclosure)
Evidence you requested a companion but were refused
Statement from a companion about the meeting process
Statement from someone about the lack of investigation
Statement about the impact of the unfair dismissal on you

Create a clear timeline showing key dates: when you were told of allegations, when the meeting was held, how much notice you had, when you were dismissed, whether you were offered an appeal. This makes breaches obvious.

Document procedural failures to claim uplift

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Employment Rights Act 1996