Commentary

(b) Application to disciplinary procedures

Division AII Contract of Employment
| Commentary

(b) Application to disciplinary procedures

| Commentary

(b)     Application to disciplinary procedures

There have been a number of cases on when the Code applies to dismissals. It is now clear that dismissal for reasons of ill-health are outwith the ambit of the Code: this was confirmed by the EAT in Holmes v Qinetiq Ltd [2016] IRLR 664, [2016] ICR 1016, where Simler P offered the following summaries of when the Code does and does not apply:

  1.  

         'In my judgment, if an employer chooses to proceed by reference to the ACAS code on the basis that the situation with which it is concerned

To continue reading
Analyse the law and clarify obscure passages all within a practical context.