| Commentary

(k) ACAS uplift or reduction

| Commentary

(k)     ACAS uplift or reduction

By s 207A of TULR(C)A 1992, the tribunal has a discretion to increase or reduce an award for failure to follow the ACAS Code of Practice 'Disciplinary and Grievance Procedures'. This discretion applies to wrongful dismissal claims heard in proceedings before the tribunal. To engage the discretion, some element of employee misconduct needs to be involved. (For more on this issue, see DI [2768.01] ff.) The condition that there needs to be an element of employee misconduct in order to engage the discretion will normally be satisfied in wrongful dismissal claims

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