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GLOSSARY

Code of practice definition

Published by a LexisNexis Employment expert

What does Code of practice mean?

A code of practice issued by an organisation such as ACAS, the Equal Opportunities Commission or the Disability Rights Commission.

A code of practice normally set out guidelines for employers to follow in areas such as disciplinary, grievance and discrimination law. Although not legally binding, a failure to comply with a code of practice can be taken into account by an Employment Tribunal.

Pensions

The Pensions Regulator is responsible for issuing codes of practice to provide practical guidance on compliance with legal requirements. They are aimed at those involved in running and providing pension schemes and set out standards a well-run occupational pension scheme should have in place.

Codes of practice are available on the Pension Regulator’s website. A breach of a code of practice will not result in legal proceedings, but the breach will be admissible in evidence in any legal proceedings.

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DPA suitability checklist

DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...

Redundancy—individual consultation checklist for employers

Redundancy—individual consultation checklist for employers This Checklist outlines steps to be taken in individual redundancy consultation, whether or not consultation has also taken place at a collective level. It sets out practical considerations involved in planning a redundancy process and covers what should be discussed at open meetings with affected employees, what should be included in letters to affected employees, what should be discussed at individual consultation meetings, what should be included in the notice of dismissal and information to be given about the right of appeal. For further guidance on individual redundancy consultation obligations generally, see Practice Notes: Redundancy—fair procedure: individual consultation and How to carry out individual redundancy consultation. This Checklist assumes that the employer has determined whether collective consultation is required (see Checklist: Redundancy—collective consultation checklist for employers—Identify redundancy situation). This Checklist is to be used: • where there is an obligation to consult collectively as, even where that obligation is fulfilled, the employer must still consult individually with the employees • where there is no obligation...

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Acas disciplinary and grievance code—procedural requirements

The Acas Code of Practice on disciplinary and grievance procedures (Acas Code) sets out minimum standards of reasonable behaviour for dealing with disciplinary and grievance situations in the workplace, and places obligations on both employees and employers to comply with its provisions. It is a statutory code that has an impact on a broad range of employment claims, and failure to follow the Acas Code can be taken into account when it comes to determining liability, and may have an impact on the award of compensation, in relevant cases.The non-statutory Acas guide on discipline and grievances at work (Acas guide) complements the Acas Code and provides good practice advice for dealing with discipline and grievances in the workplace. In the event of uncertainty regarding the interpretation of the Code, the Acas guide may be followed by tribunals. For further information on the Acas guide, see Practice Note: Acas disciplinary and grievance code—application—Guidance to the Acas Code.The Acas Code applies to any:•disciplinary situation, which includes dealing with misconduct or poor performance...

General requirements for discipline and grievance procedures

Many employers have their own procedures for dealing with disciplinary issues or for employees to raise grievances. These tend to be contained in employee handbooks or staff manuals. In some organisations, they may be made available by alternative means, eg on corporate intranets.It is important to implement well-drawn, written disciplinary and grievance procedures for at least three reasons:•they provide a clear framework for both employer and employees to assist in the efficient and systematic resolution of grievances and disciplinary issues. Both employer and employee should know where they stand at any given point in the procedure, what their rights and entitlements under it are, and what should occur next to move towards resolution of the issue•they protect the employer against the pitfalls of a poor procedural approach if the parties end up litigating. Operating a proper, fair procedure is a central consideration in unfair dismissal law (see Practice Note: Procedural fairness), and an employer is likely to lose claims made against it where a fair procedure has not been followed,...

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Letter of instruction to single joint expert—employment tribunal proceedings

Letter of instruction to single joint expert—employment tribunal proceedings STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replace the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course. For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This Practice Note will be updated in light of the ET Rules 2024 as soon as possible. Private...

ET1 Claim—entitlement to paid holiday

ET1 Claim—entitlement to paid holiday [Insert in para 8.2 of claim form ET1:] 1 [The Claimant has been employed by the Respondent as a [insert job title] since [insert start date of employment]. OR The Claimant was employed by the Respondent as a [insert job title] from [insert start date of employment] until [his OR her OR their] employment was terminated on [insert effective date of termination].] 2 The Claimant [is OR was] [a worker OR an employee] and entitled to 5.6 weeks of statutory paid annual leave in accordance with the Working Time Regulations 1998.[ The Claimant was not an irregular hours or part-year worker.] 3 [The Claimant [works OR worked] [insert details of Claimant’s working pattern, eg ‘full-time, five days a week’]. The statutory entitlement to paid annual leave was therefore [insert equivalent representation of the holiday entitlement, eg ‘28 days’].] 4 [The Claimant’s contract of employment[, at [insert details, eg ‘clause 7.1’],] provides that the Claimant is entitled to [insert details, eg ‘35...

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Where there is an LPA in place for finance and property, the donor still has mental capacity and the LPA provides authority for the attorney to make decisions before the donor loses capacity, can the attorney bring legal proceedings on behalf of the donor in relation to cases such as public services or personal injury? Would such cases be within the scope of the attorney's authority under the LPA? If not, would the donor have to bring any such proceedings themselves with the attorney only able to apply to become litigation friend once the donor has lost capacity?

Where there is an LPA in place for finance and property, the donor still has mental capacity and the LPA provides authority for the attorney to make decisions before the donor loses capacity, can the attorney bring legal proceedings on behalf of the donor in relation to cases such as public services or personal injury? Would such cases be within the scope of the attorney's authority under the LPA? If not, would the donor have to bring any such proceedings themselves with the attorney only able to apply to become litigation friend once the donor has lost capacity? When granting a lasting power of attorney (LPA) for finances and property, the donor can choose to allow the attorney to act following registration even if the donor retains capacity. The general rule is that, if a donor does not restrict the decisions the attorney can make, the attorney will be able to make decisions regarding any or all of the person's property and financial affairs. The Mental Capacity Act 2005 (MCA...

How do we determine whether paying employees an uplift on the relevant national minimum wage for their age would still fall within the exemption in paragraph 11 of Schedule 9 to the Equality Act 2010?

How do we determine whether paying employees an uplift on the relevant national minimum wage for their age would still fall within the exemption in paragraph 11 of Schedule 9 to the Equality Act 2010? For the purposes of determining whether paragraph 11 of Schedule 9 to the Equality Act 2010 (EqA 2010) applies, it is first necessary to determine who is a ‘young worker’ and who is an ‘older worker’. For these purposes: • a ‘young worker’ is one who qualifies for the national minimum wage (NMW) at a lower rate that the single hourly rate • an older worker is a person who qualifies for the NMW at a higher rate than that at which the young worker qualifies for it The single hourly rate is the national living wage (NLW) rate, paid to workers aged 21 and over, of £12.21 from 1 April 2025. See EqA 2010, Sch 9, para 11(3), section 1(3) of the National Minimum Wage Act 1998, National Minimum Wage Regulations 2015 (NMW Regs...

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EHRC announces timeline for update to its CoP for services, public functions and associations

The Equality and Human Rights Commission (EHRC) has provided an update on its upcoming consultation on the statutory Code of Practice for services, public functions and associations, following the Supreme Court’s judgment in For Women Scotland v Scottish Ministers. According to the update, the consultation is set to run from 19 May 2025 to 30 June 2025 and will focus on the parts of the Code of Practice which are affected by the For Women Scotland Supreme Court decision on the definition of ‘sex’ for the purposes of the Equality Act 2010. A draft of the full Code of Practice was consulted on between October 2024 and January 2025.

Law Society responds to MoJ consultation on private prosecution reforms

The Law Society of England and Wales has published its response to the Ministry of Justice’s (MoJ)’s consultation on the oversight and regulation of private prosecutions within the criminal justice system, calling for enhanced safeguards following the Post Office Horizon scandal. The Law Society’s response supports the introduction of accreditation requirements—aligning standards with the Crown Prosecution Service (CPS), establishing a new code of practice and creating a register of prosecutors. Law Society President, Richard Atkinson emphasised that these measures are needed to prevent future miscarriages of justice and ensure prosecutions serve the public rather than organisational interests.

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