More disciplinary cases now start with a number from a system: a productivity score, an activity log, a flagged message or an automated quality check. Workers also raise grievances about decisions a system made or shaped, such as a rota, a rating or a lost bonus. In England, Wales and Scotland the same procedure rules apply whatever the source of the evidence. This page sets them out from the statute and the Acas Code of Practice, for workers and for the managers who run the meetings.
The short answer: the Acas Code expects employers to investigate to establish the facts, tell the employee in writing what the case is with copies of the written evidence, hold a meeting where the employee can answer it, decide and confirm in writing, and offer an appeal. Workers have a statutory right to bring a colleague or a union representative to disciplinary and grievance hearings. A tribunal can raise an award by up to 25% if the employer unreasonably failed to follow the Code, or cut it by up to 25% if the employee did.
The Acas Code and why it matters
The Acas Code of Practice on disciplinary and grievance procedures sets out principles for handling these situations (Acas Code of Practice). Failing to follow it does not by itself make anyone liable, but tribunals take it into account. Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, where a claim concerns a matter the Code applies to and the employer unreasonably failed to comply, the tribunal may increase the award by no more than 25%; where the employee unreasonably failed to comply, it may reduce it by no more than 25% (TULRCA 1992, s207A).
Acas consulted on a new draft Code in 2026; the consultation closed on 23 September 2026 and Acas was reviewing responses (Acas consultation). Until a new Code takes effect, the current one applies.
Discipline based on system data
The Code's steps fit software evidence closely:
- Establish the facts: carry out necessary investigations without unreasonable delay (para 5). For system data that means checking what the tool measured, whether it was working correctly and whether there is an innocent explanation, such as a system outage, a changed task or a reasonable adjustment.
- Inform the employee: if there is a case to answer, notify the employee in writing with enough information about the alleged misconduct or poor performance and its possible consequences to prepare, normally with copies of any written evidence (para 9). A dashboard screenshot is not enough if the employee cannot see the underlying records.
- Hold a meeting: explain the complaint, go through the evidence and let the employee set out their case, ask questions, present evidence and call relevant witnesses (para 12).
- Decide and confirm in writing: decide whether action is justified and inform the employee in writing (para 18).
- Appeal: appeals should be heard without unreasonable delay and, wherever possible, by a manager not previously involved (paras 26 and 27).
Employees can also ask for the personal data the system holds on them; see how to request the data AI systems hold on you. For how a score should and should not feed a dismissal decision, see AI and unfair dismissal.
Grievances about AI decisions
If a concern cannot be resolved informally, the Code says employees should raise it formally and without unreasonable delay with a manager who is not the subject of the grievance, in writing, setting out its nature (para 32). The employer should arrange a formal meeting without unreasonable delay (para 33). A grievance about a system decision should name the decision, when it was made, its effect and what the employee wants: an explanation, a human review or a correction. Where the system was bought from a vendor, the employer still answers for decisions it applies to its staff.
The right to be accompanied
Under section 10 of the Employment Relations Act 1999, where a worker is required or invited to a disciplinary or grievance hearing and reasonably asks to be accompanied, the employer must allow one companion chosen by the worker (Employment Relations Act 1999, s10). The companion can be a fellow worker, an official employed by a trade union, or a union official certified as trained or experienced in this role. The companion may put and sum up the worker's case, respond on their behalf and confer with them, but need not be allowed to answer questions for the worker.
- A disciplinary hearing, for this right, is one that could result in a formal warning, some other action, or confirmation of a warning or action, so appeals are covered; a grievance hearing is one about the employer's performance of a duty to the worker (s13).
- If the companion cannot attend, the worker can propose a reasonable alternative time within five working days, and the employer must postpone.
- The right belongs to workers, not only employees; see employee, worker or self-employed.
- A worker can complain to a tribunal within six months where the failure was on or after 1 October 2026, or three months for earlier failures (SI 2026/954, reg 4); compensation is up to two weeks' pay (s11).
Practical points
- Employers: treat system output as a reason to investigate, not as a finding. Share the data relied on, with an explanation of how it was produced, before the meeting. In misconduct cases, use a different person for the investigation and the hearing where practicable (Code para 6).
- Workers: ask in writing for the evidence and how it was generated, bring a companion, and put your explanation on record. For performance systems in general, see AI in performance reviews.
Northern Ireland has separate legislation. This page is general information, not legal advice.
Questions and answers
Can I be disciplined just because a monitoring system flagged me?
The Acas Code expects the employer to investigate to establish the facts, tell you in writing what the case is with copies of the written evidence, and hold a meeting where you can answer it before deciding. A flag should start an investigation, not replace one.
Can I bring someone to a disciplinary meeting about AI data?
Yes, if the hearing could lead to a formal warning or other action. Section 10 of the Employment Relations Act 1999 lets a worker bring one companion: a fellow worker or a qualifying trade union official.
What happens if my employer ignores the Acas Code?
If a tribunal claim concerns a matter the Code covers and the employer unreasonably failed to follow it, the tribunal may increase the award by up to 25% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. An employee's unreasonable failure can reduce it by up to 25%.
How should I raise a grievance about an automated decision?
In writing, without unreasonable delay, to a manager who is not the subject of the grievance. Say what the decision was, when, its effect and what you want: an explanation, a human review or a correction.