News

New ACAS Code

06.04.09

As of 6 April 2009, the statutory disciplinary and grievance procedures as we have known them for the past 5 years cease to apply. The new ACAS Code of Practice on disciplinary and grievance procedures has introduced a less formal process for which all employers are sure to heave a sigh of relief.

The legal changes mark the end of the obligatory 3-step process for handling disciplinary action, employee dismissals and employee grievances. The new Code seeks to encourage employers and employees to deal with issues in the workplace through good old-fashioned communication and common sense. Its intention is to provide a standard of reasonable behaviour by which workplace disputes can be resolved, helping businesses to save time, money and stress.

Although the 3-step procedures as we have known them are no longer required, it is advisable for employers to set out in writing their rules and procedures for handling disciplinary and grievance situations in the workplace.

Under the new Code, whenever a disciplinary or grievance process is being followed, it is important to take into account the following:

Issues should be dealt with promptly and parties should not unreasonably delay meetings or decisions.
Employers and employees should act consistently.
Employers should inform employees of the basis of the issue affecting them and give them an opportunity to put their case before any decisions are made.
Employers should allow employees to be accompanied at any formal disciplinary or grievance meeting.
Employers should allow an employee to appeal against any formal decision made.

Failure to follow the Code will not, in itself render a dismissal automtically unfair. Employment Tribunals will however have the power to increase or decrease awards by up to 25% in the event that the Employer or the Employee fails to act reasonably in not following the principles of the Code.

For more information contact: Sappho Sabbadin-Chandler on sappho@barkergillette.com

Department: Employment