Unfair Dismissal Definition - Acas dismissed unfairly, failed to follow its own code of conduct.
- William Slivinsky
- Sep 23
- 8 min read
Unfair dismissal definition - in this case, the Tribunal decided that Acas did dismiss Mr. Woods unfairly because the process they used wasn’t fair. So, the code defines the fairness of dismissal. Starting from when the employer decides there is disciplinary action, paragraph 9 of the Acas code states you should be provided with sufficient information to prepare and respond, and in paragraph 12, you should be explained the allegations and have a fair opportunity to answer and ask questions.
Also, have you appealed your unfair dismissal? According to paragraph 27, the appeal should be held by a fully independent individual. In this article, you will learn how to build your unfair dismissal claim on those key elements. How to use paragraph 46 of the Acas code, make a grievance, approach disciplinary procedures, make a proper appeal, and include those points in your ET1 claim grounds.
The key element here is that it was Acas, the body that governs the disciplinary code of conduct, showing that if it was Acas breaching its own code, it can be any employer.
Unfair dismissal definition from a real case scenario with UDO
Inform the employee of the problem
9.If it's decided that there's a disciplinary issue to address, you should receive a written notice about it. This notice should provide enough details about the alleged misconduct or poor performance and the potential outcomes, so you can prepare to discuss the case at a disciplinary meeting. It's usually a good idea to include copies of any written evidence, like witness statements, with the notice.
12.Your employer and you (and your companions) should make every effort to attend the meeting. At the meeting, the employer should explain the complaint against you and go through the evidence that has been gathered. You should be allowed to set out your defense and answer any allegations that have been made. You should also be given a reasonable opportunity to ask questions, present evidence, and call relevant witnesses. You should also be given an opportunity to raise your points about any information provided by witnesses. Where an employer or you intend to call relevant witnesses, you should give advance notice that they intend to do this.
Provide employees with an opportunity to appeal
26.When you feel an unfair dismissal was wrong or unjust, you should appeal against that decision. Your appeal should be heard without unreasonable delay and ideally at an agreed time and place. You should let your employer know the grounds of your appeal in writing.
27.Your appeal should be dealt with impartially and, wherever possible, by a manager who has not previously been involved in the case.
Overlapping grievance and disciplinary cases
46. Where you raise a grievance during a disciplinary process, the disciplinary process may be temporarily suspended in order to deal with your grievance. However, if your grievance and disciplinary case are related, it may be appropriate to deal with both issues under the same procedure.
Mr Woods v Acas — why the Tribunal found the dismissal unfair under paragraphs 9, 12 and 27 of the Acas Code. In this case, the Tribunal said Acas did dismiss Mr Woods unfairly because the process broke key Code rules that define fairness. Paragraph 9 was breached because Acas didn’t give him enough information to prepare and respond—instead of disclosing full witness statements, they used anonymised, cut-and-paste excerpts, so he couldn’t see context or who said what. Paragraph 12 was breached because, without that disclosure, he wasn’t given a fair chance to answer the allegations, ask questions, challenge witness accounts, or call his own witnesses in a meaningful way. And Paragraph 27 was breached because the appeal wasn’t impartial—it was handled by someone with prior involvement, rather than a fully independent manager. Put simply: insufficient disclosure, no real opportunity to challenge, and a non-independent appeal made the dismissal procedurally unfair under the Acas Code.
How to handle the disciplinary ( Acas paras 9 & 12, and grivance note on 46)
What you should receive with the invite (para 9) ?
A written invite letter saying there’s a disciplinary case to answer.
Enough detail to prepare: what’s alleged, dates, locations, and possible outcomes (e.g., warning, dismissal).
The investigation report and all evidence your employer rely on.
If witnesses are involved: full witness statements with names.
Anonymity should be exceptional (e.g., a genuine risk of reprisals). If names are withheld, ask why and request a non-anonymised version or, at minimum, a cipher (Witness A/B/C) plus a clear reason for any redactions.
Red flags (Woods-style):
You’re given snippets/extracts instead of full statements.
Statements are anonymised by default with no clear reason.
You’re asked to attend a hearing without the investigation pack or with insufficient time to prepare (ask to adjourn).
Template request (use if disclosure is poor):
“Please provide the full witness statements (with names) and the complete investigation report relied upon. Without this, I cannot prepare a fair response (Acas Code, paras 9 and 12). If anonymity is proposed, please explain the specific risk and provide a ciphered list so I can understand and challenge the evidence.”
If your request for better information is ignored or your employer does not give a proper explanation, raise the grievance. Go to the "How to Raise the Grievance" paragraph 46.
How to approach the disciplinary hearing ?
You must be allowed to:
Hear the allegations explained and the evidence taken through.
Answer each allegation.
Ask questions (of the chair and, where appropriate, of witnesses) and challenge witness evidence.
Present your own evidence and name relevant witnesses.
If the meeting is too scripted to ask questions:
Say on the record: “I have questions for the employer and about the witness evidence. Please let me put them now, or adjourn so I can do so.”
If they end with, “Anything to add?” and you weren’t allowed to question evidence, say:
“Yes. The process hasn’t allowed me to ask questions or challenge the statements. That breaches para 12 of the Acas Code and I’m asking for an adjournment so I can do this fairly.”
Filing a grievance when you have not received sufficient information under paragraphs 9 and 12, and your request for additional information was denied.
Important to note: if you raise such a grievance during the disciplinary about fairness (e.g., poor disclosure, no investigation record, no witness statements/names, not enough information to prepare), your employer can pause the disciplinary or combine the two.
You’re not entitled to a separate, stand-alone process as of right (Mr Woods didn’t win on that point), but you should ask for a pause where the grievance goes directly to Code compliance (paras 9 & 12) and your ability to defend yourself.
Double-jeopardy check (good practice):If you already have a final warning, ask in your grievanceto record in writing what is new now and why this isn’t just re-running the same ground.
Short template grievance (if your fairness concerns are ignored):
Subject: Grievance re: disciplinary fairness and Acas Code compliance (paras 9, 12 & 46) I am raising a grievance because I have not received the full investigation report and full witness statements with names. I therefore lack sufficient information to prepare for the disciplinary, contrary to Acas Code paras 9 and 12. I am requesting that the disciplinary be paused under para 46 so this grievance about process fairness can be addressed. If anonymity is necessary, please set out the specific risk, provide a ciphered witness list, and disclose the full statements (with proportionate redactions).Please confirm in writing the steps you will take and provide the documents so I can prepare a fair response.
How to appeal effectively (paras 26 & 27)
Your rights (para 26)
You should appeal if you think the decision was wrong or unfair.
The appeal should be heard without unreasonable delay.
Put your grounds in writing.
Independence (para 27)
The appeal must be dealt with impartially, ideally by a manager with no prior involvement in your case.
If everyone senior has been involved, your employer should explain why and outline mitigations (e.g., fresh HR support, external chair).
Appeal grounds you can copy/paste (tailor to fit):
Disclosure (para 9): “I did not receive the full investigation report and full witness statements with names. I was given extracts/anonymised material, which prevented proper preparation.”
Opportunity to challenge (para 12): “At the hearing, I was not permitted to ask questions or challenge the witness evidence meaningfully. I asked for an adjournment; this was refused.”
Appeal independence (para 27): “The appeal officer has prior involvement (detail it). Under para 27 the appeal should be impartial and, wherever possible, heard by someone not previously involved.”
Overlap/double-jeopardy: “The decision re-visited matters already sanctioned by [date] warning. The chair did not identify new, distinct misconduct before escalating.”
Remedies to ask for on appeal:
A fresh hearing with full disclosure and time to prepare.
An independent appeal chair (different manager or external).
If the decision stands, a reduction of sanction due to procedural unfairness.
Important to note: the above is not comprehensive; we are merely applying here the paragraphs of the relevant Acas code we discussed based on Mr. Woods' case.
What to include in your ET1 if these points were breached ?
Structure your grounds (headings you can use)
Unfair dismissal — procedural unfairness under Acas Code paras 9, 12, 27
Para 9 (disclosure): I was not given full statements/investigation materials; evidence was anonymised without reason; I lacked sufficient information to prepare.
Para 12 (hearing fairness): The employer did not explain the complaint and evidence properly at the hearing; I was not allowed to ask questions or challenge witness evidence; requests to adjourn for missing disclosure/time were refused.
Para 27 (appeal independence): The appeal was not impartial; [name] had prior involvement (describe).
Outcome: These breaches undermined my ability to defend the case and take the decision outside the range of reasonable responses.
Overlap / double-jeopardy (overall fairness under s.98(4) ERA)
The employer re-ran or escalated matters already addressed by a previous warning without identifying new and distinct misconduct or explaining why escalation was justified.
Grievance interaction (para 46, if relevant)
I raised a grievance about bias/disclosure during the disciplinary. The employer chose to continue without addressing it adequately, affecting fairness of the process.
Evidence checklist
Invite letter and any disclosure received (or emails requesting missing docs).
Investigation report and any witness statements (or proof they were not provided).
Your request for better information - refusal
Your grievance in relation to poor information - outcome - employer actions
Your hearing notes: record of refused questions/adjournment.
Appeal letter (grounds) and the appeal outcome letter.
Any earlier warning that shows potential overlap.
ET1 wording you can adapt (short form):
“My dismissal was procedurally unfair. Contrary to the Acas Code paras 9 and 12, I was not given full disclosure of evidence (including named witness statements) and was not given a fair chance to challenge it at the hearing. My requests to ask questions/adjourn were refused. The appeal was not independent as required by para 27. The employer also escalated matters previously dealt with, without identifying new misconduct. These failures taken together render the dismissal outside the band of reasonable responses.”
Final quick tips
Always ask in writing for missing evidence and time; it proves the point later.
If anonymity is claimed, ask for the reason, a cipher, and full context.
If you’re blocked from questioning at the hearing, say so on the record and ask to adjourn.
In appeals, push for a new, independent decision-maker.
Keep a timeline with dates of invite, disclosure, hearing, appeal.
Have questions about your own disciplinary?Ask below — I read and reply. If you want a useful steer, include (briefly):
What you received with the invite (investigation report? full witness statements with names?)
Whether evidence was anonymised or snippets only (paras 9 & 12).
What happened in the hearing (were you allowed to ask questions/challenge?).
Who ran your appeal and their prior involvement (para 27).
Any earlier warning and whether the new case felt like a re-run (double-jeopardy).
If you raised a grievance about fairness and how it was handled (para 46).
Not sure what to post? Share just the timeline and documents you got (or didn’t get) — I’ll point to one concrete next step.
This post is about unfair dismissal for process — especially breaches of the Acas Code paras 9, 12 & 27 (and how para 46 fits when you raise a grievance mid-disciplinary).
If you want a targeted reply, please add:
Invite & disclosure: Did you get the investigation report and full witness statements with names? Or only anonymised snippets? (paras 9 & 12)
Hearing: Were you allowed to ask questions and challenge witnesses? Any adjournment request refused? (para 12)
Appeal: Who heard it? Any prior involvement? (para 27)
Overlap: Was there a previous warning and does this feel like a second bite at the same issue?
Grievance: If you raised one about fairness/disclosure, did they pause or combine the process? (para 46)
I can’t give formal legal advice here, but I’ll reply with practical next…