09-05-2008
Code of Practice on Discipline and Grievance
ACAS have just published the draft Code of Practice on Discipline and Grievance which is available on their website, should you be in need of some bedtime reading.
There has been some hype about the Government’s plans to scrap the Statutory Dispute Resolution Procedure and Statutory Dismissal Procedures but the significance of this is put into perspective when you consider that these procedures are being replaced by a new code of Practice in the form of the ACAS Code.
Before you dismiss the merits of this move entirely, we are in fact returning to the previous position that was criticised slightly less by employers than the current position. It should therefore be regarded as a welcome change.
In practice failure to follow the ACAS Code of Practice on Discipline and Grievance will not, in itself, render a dismissal automatically unfair, although it is likely to be unfair if the Code has not been adhered to.
However, where a dismissal is unfair and the ACAS Code has not been adhered to, an increase in damages of up to 25% will be available to the employee if the failure to follow any provision of the Code is unreasonable. Read the Code here.
There has been some hype about the Government’s plans to scrap the Statutory Dispute Resolution Procedure and Statutory Dismissal Procedures but the significance of this is put into perspective when you consider that these procedures are being replaced by a new code of Practice in the form of the ACAS Code.
Before you dismiss the merits of this move entirely, we are in fact returning to the previous position that was criticised slightly less by employers than the current position. It should therefore be regarded as a welcome change.
In practice failure to follow the ACAS Code of Practice on Discipline and Grievance will not, in itself, render a dismissal automatically unfair, although it is likely to be unfair if the Code has not been adhered to.
However, where a dismissal is unfair and the ACAS Code has not been adhered to, an increase in damages of up to 25% will be available to the employee if the failure to follow any provision of the Code is unreasonable. Read the Code here.
