Employment law

News: The New ACAS Code of Practice on Disciplinary and Grievance Procedures

  • Date: 28/04/2009
  • Source: Poppleston Allen
  • Author/Solicitor: Nick Arron

ACAS are the Advisory, Conciliation and Arbitration Service. They are an independent body who provide employment advice and support.

On 6th April the ACAS Code of Practice on Disciplinary and Grievance Procedures replaced the previous statutory disciplinary and grievance procedures. The Code outlines how issues should be handled to ensure they are dealt with fairly and reasonably.

Issues which should be managed under the Code include misconduct and/or poor performance and concerns, problems or complaints that employees raise with their employers. The Code does not apply to redundancy dismissals or the non renewal of fixed term contracts. Employers should ensure they have developed written rules and procedures for handling disciplinary and grievance situations. This information provides you with template Grievance and Disciplinary procedures. These complied with the old statutory procedures and also comply with the new ACAS Code. For those of you using the procedures they do not need updating.

The ACAS code sets out elements to ensure disciplinary or grievance processes are dealt with fairly. These are found in our Grievance and Disciplinary procedures and include:-

1. Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions.
2. Employers and employees should act consistently.
3. Employers should carry out any necessary investigations, to establish the facts of the case.
4. Employers should inform employees of the basis of the problem and give them an opportunity to put their case in response before any decisions are made.
5. Employers should allow employees to be accompanied at any formal disciplinary or grievance meeting.
6. Employers should allow an employee to appeal against any formal decision made.

It is good advice to keep a written record of any disciplinary or grievances cases you deal with.

A failure to follow the Code does not, in itself, make an employer liable to proceedings. However, employment tribunals will take the Code into account when considering relevant cases and can adjust awards to the benefit of both employers or employees depending on circumstances of each case.

Although the Code does not apply to redundancy dismissals, other rules still apply in this position.

Finally a note on recent disciplinary or grievances. The old three-stage statutory procedure must still be followed in disciplinary or grievances cases started before 6 April 2009. Those of you following our Grievance and Disciplinary procedures can be confident they comply with both the old statutory procedure and the new ACAS Code.

The ACAS Code can be found at http://www.acas.org.uk/index.aspx?articleid=2174

For more information please contact Nick Arron.