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