New ACAS (Draft) Code On Disciplinary And Grievance Procedures - Changes From The Old Procedure

The new ACAS code on Disciplinary and Grievance Procedures (the

"Code") will come into effect on 6 April 2009 when the

current statutory disciplinary and grievance procedures are

abolished. The first draft of the Code was published in May 2008

and the second (and latest) draft was published in November 2008.

The Code is currently awaiting Parliamentary approval, but should

be adopted in its current form.

The Code provides a significant overhaul to the current, much

maligned, statutory procedures that were introduced by the

Employment Act 2002. What follows is a summary of the key changes

to the Code that will come into effect in April this year.

Significant Changes

Tribunals will be able to make an adjustment of up to 25 per

cent of the award made if an employer/employee unreasonably fails

to follow the guidance in the Code, but (unlike the current

situation) failure to follow the Code does not automatically make

an employer liable to proceedings. Currently, Tribunals can make an

adjustment of up to 50 per cent.

Also, significantly, a dismissal will no longer be automatically

unfair if the correct procedures are not followed. This is likely

to result in less claims being brought to tribunal stage for a

minor technical breach in procedure.

Unlike the current procedures, the new Code provides greater

flexibility for employers to deal with grievance and disciplinary

matters. Rather than the current 'three step procedure',

the Code, as an introduction, lists a number of elements that both

employers and employees should take into account when dealing with

disciplinary/grievance matters. These elements include raising and

dealing with issues promptly and acting consistently.

Discipline

The Code lists 6 key points in handling disciplinary issues.

These are:

Establish the facts of the case;

Inform the employee of the problem;

Hold a meeting without unreasonable delay with the employee to

discuss the problem;

Allow the employee to be accompanied to the meeting;

Decide on appropriate action; and

Provide the employee with an opportunity to appeal.

The Code also identifies some special cases e.g. where an

employee is charged with, or convicted of, a criminal offence.

Grievance

The Code lists 5 key points in handling grievance issues. These

are:

Let the employer know the nature of the grievance;

Hold a meeting without unreasonable delay with the employee to

discuss the grievance;

Allow the employee to be accompanied to the meeting;

Decide on appropriate...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT