The ACAS Code of Practice came into effect on April 6th 2009, replacing the statutory Discipline and Dismissals Procedures. It is legally binding and it requires employers to act in much the same way as set out in the DDPs when disciplining and dismissing staff, i.e. they should be invited to a meeting, made aware of the allegations and possible consequences, given the right to be accompanied and finally the right to appeal the outcome. There are however subtle differences and so it is worth familiarising yourself with the detail of the Code, and the 74 page guidance document, which thankfully is not legally binding!
A failure to dismiss staff in line with the Code can result in a finding of unfair dismissal and a possible uplift in compensation by up to 25%. There is the potential that any compensation may also be reduced by 25% if an employee has failed to comply with the Code.
When it comes to dealing with grievances there is some hope that the new Code of Practice will allow employers and employees latitude to deal with issues informally, at least as a first attempt. There is emphasis on the use of mediation to resolve disputes, although this remains voluntary.
Given that this is new legislation and elements of it in practice remain somewhat ‘grey’ please do contact us if you have any queries.
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